Before using our website and services, including but not limited to: opyoutube.com
Please carefully review these terms and conditions of use. This document outlines the terms and conditions ("Terms") under which opyoutube.com ("we" or "us") will provide services to you on its website, applications, and related services (collectively, the "Service"). In this document, "you" or "your" refers to you, any entity you represent, your or its representatives, successors, assigns, affiliates, and any devices used by you or them.
By using, which includes visiting, accessing, using, downloading, copying, installing, and/or joining (collectively "using"), the Service, you signify your understanding of and agreement to these Terms. If you do not agree to be bound by these Terms, please discontinue using the Service and delete any copies of the Service that you may have.
These terms also incorporate specific limitations of liability and legal disclaimers that restrict our liabilities. In essence, your use of the Service is at your own risk, and we do not assume any liability or provide any warranties, whether express or implied, regarding the Service.
The use of the Service is not allowed in locations where prohibited by law. Without limiting the foregoing, you represent and warrant that you are not located in a country subject to international or applicable embargo or designated as a "terrorist supporting" country by international or applicable law. Furthermore, you confirm that you are not listed on any applicable list of prohibited or restricted parties.
To use the Service, you must be at least eighteen (18) years old. If you are under eighteen (18) years old, regardless of parental authorization, you are not permitted to use the Service, and you must immediately cease any use of the Service.
In our discretion and from time to time, you may be required to create an account with us (an "Account") to access specific parts of the Service fully. In such cases:
You acknowledge that your knowing acceptance of these Terms constitutes consideration for us granting you the right to use the Service as described in Section 2 below. You agree that this consideration is adequate and that you have received it upon using the Service.
We grant you a non-exclusive, non-transferable, and limited right to access, non-publicly display, and use the Service, including all content available within (the "Content") on your computer or mobile device, subject to these Terms and the restrictions (technical and otherwise) imposed by the Service. You may only use and access the Service for personal, non-commercial purposes.
This grant can be terminated by us at will, with or without prior notice, for any reason and at our sole discretion. Upon termination, we may, but are not obligated to:
You agree not to use or attempt to use the Service after termination. Termination of this grant of use does not affect the survival of other portions of these Terms. You acknowledge that we are not responsible to you or any third party for the termination of your grant of use.
In addition to the terms herein, your use of the Service is subject to the rules, features, and technical restrictions of the Service, which may change at our sole discretion. You must not use the Service in any manner not intended or permitted by the Service.
The Content, excluding User Submissions and Third Party Content (as defined below), including but not limited to text, graphical images, photographs, music, video, software, scripts, source code, trademarks, service marks, and logos contained within (collectively "Proprietary Materials"), is either owned by us or licensed to us. All Proprietary Materials are subject to copyright, trademark, and other rights under the laws of applicable jurisdictions, including domestic, foreign, and international laws and conventions. We retain all rights over our Proprietary Materials.
Unless explicitly permitted otherwise, you agree not to copy, modify, publish, transmit, distribute, participate in the transfer or sale of, create derivative works from, or exploit in any way, either in whole or in part, any Proprietary Materials or Third Party Content.
You bear full responsibility for any materials you download, upload, submit, transmit, create, modify, or otherwise make available through the Service, including sound files, video files, or photographs that you create, modify, transmit, or download via the Service (collectively referred to as "User Submissions"). User Submissions may not always be retractable. You acknowledge that disclosing personal information in User Submissions may render you personally identifiable, and we do not guarantee any confidentiality regarding User Submissions.
You are solely responsible for your User Submissions and any consequences arising from downloading, uploading, submitting, modifying, transmitting, creating, or otherwise making User Submissions available. For all your User Submissions, you confirm, represent, and warrant that:
i. You possess ownership or necessary licenses, permissions, rights, or consents to use and grant us authorization to use all trademarks, copyrights, trade secrets, or other proprietary rights in and to User Submissions for all purposes contemplated by the Service and these Terms; and
ii. You have obtained written consent, release, and/or permission from each and every identifiable individual in the User Submission to use their name and/or likeness to enable the use of the User Submission for all purposes contemplated by the Service and these Terms.
Additionally, you agree not to download, upload, submit, create, transmit, modify, or otherwise make available any material that:
i. Is copyrighted, protected by trade secret or trademark laws, or subject to other third-party proprietary rights, including privacy and publicity rights, unless you are the rightful owner of such rights, possess explicit permission from the rightful owner to submit the material and grant us all the license rights outlined herein, or have other legal and effective basis for the material and granting us all the license rights outlined herein;
ii. Is obscene, vulgar, illegal, unlawful, defamatory, fraudulent, libelous, harmful, harassing, abusive, threatening, invasive of privacy or publicity rights, hateful, racially or ethnically offensive, inflammatory, or otherwise inappropriate, as determined by us at our sole discretion;
iii. Depicts illegal activities, promotes or depicts physical harm or injury against any group or individual, or promotes or depicts any act of cruelty to animals;
iv. Impersonates any person or entity or misrepresents you in any way, including creating a false identity;
v. Would constitute, encourage, or provide instructions for a criminal offense, a violation of the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law; or
vi. Is unsolicited or unauthorized advertising, promotion, "spam," or any other form of solicitation.
We make no claims of 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 worldwide, 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 all purposes, including, but not limited to, any purpose contemplated by the Service 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.
You confirm and warrant that you possess all the rights, power, and authority required to grant the rights specified herein with regard to User Submissions. Specifically, you affirm and warrant that you have the right to download, upload, modify, access, transmit, create, or otherwise make User Submissions available via the Service, and that downloading or uploading User Submissions will not infringe upon the rights of any other party or your contractual obligations to other parties.
You acknowledge that, at our sole discretion, we may refuse to publish, remove, or block access to any User Submission for any reason or for no reason at all, with or without notice.
In addition to the indemnification provisions outlined elsewhere, you agree to defend us against any claim, demand, suit, or proceeding initiated against us by a third party, alleging that your User Submissions or your use of the Service in violation of these Terms infringes or misappropriates the intellectual property rights of any third party or violates applicable law. 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.
If you provide us with suggestions to improve the Service or introduce new features, you are assigning to us the right to use your suggestions without compensating you.
You acknowledge and understand that while using the Service, you will encounter content from various sources, including content made available on or through the Service by other users, services, parties, and through automated or other methods (collectively referred to as "Third Party Content"). We do not exercise control over Third Party Content and bear no responsibility for it. You acknowledge that you might come across content that is inaccurate, offensive, indecent, or otherwise objectionable, or content that could potentially harm your computer systems. Without limiting the other provisions of limitation of liability detailed herein, you agree to waive any legal or equitable rights or remedies you may have against us regarding Third Party Content.
We do not assert ownership or control over Third Party Content. Third parties retain full rights to their respective Third Party Content and are responsible for safeguarding those rights as appropriate.
You acknowledge that we are not responsible in any way for monitoring the Service for inappropriate content or conduct. In our sole discretion, we may, at any time, choose to monitor such content but assume no responsibility for it, have no obligation to alter or delete any such content (including User Submissions and Third Party Content), and bear no responsibility for the actions of others submitting such content (including User Submissions and Third Party Content).
With the exception of the limitations on liability and disclaimers of warranties detailed below, all Content (including User Submissions and Third Party Content) on the Service is provided to you "AS-IS" for your information and personal use only. You may not use, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit the Content for any other purpose without the prior written consent of the respective owners/licensors of the Content.
You acknowledge that we may, at our sole discretion, decline to publish, remove, or block access to any Content for any reason, or for no reason at all, with or without notice.
You confirm and warrant that all information and content you provide to us is accurate and current. You further assert that you possess all necessary rights, power, and authority to: (i) agree to these Terms, (ii) provide User Submissions to us, and (iii) fulfill the obligations required of you under these Terms.
You explicitly grant us authorization to monitor, record, and log any of your activities on the Service.
As a prerequisite for using the Service:
i. You agree not to employ the Service for any unlawful purpose or in a manner prohibited by these Terms;
ii. You commit to abiding by all applicable local, state, national, and international laws and regulations;
iii. You undertake not to use the Service in a way that exposes us to criminal or civil liability;
iv. You acknowledge that you are solely responsible for all acts and omissions arising from your use of the Service;
v. You assert that all User Submissions belong to you and that you possess the rights and authority to provide them to us and use them on or through the Service;
vi. You pledge not to use any automated means, including robots, crawlers, or data mining tools, to download, monitor, or use data or Content from the Service;
vii. You agree not to take any action that places an unreasonable or disproportionately large load on our technology infrastructure, or otherwise places excessive demands on it, as determined solely by us;
viii. You commit not to "stalk" or engage in any form of harassment towards anyone on or through the Service;
ix. You agree not to forge headers or manipulate identifiers to conceal the source of any information you transmit;
x. You undertake not to disable, bypass, or interfere with security features of the Service or features that restrict use or copying of any content, or enforce limitations on the use of the Service or its content;
xi. You pledge not to post, link to, or make available any material on the Service that contains software viruses, or any computer code, file, or program designed to interrupt, destroy, limit, or monitor the functionality of any computer software or hardware or any telecommunications equipment;
xii. You commit not to license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available the Service or any Content to any third party;
xiii. You agree not to "frame" or "mirror" the Service; and
xiv. You undertake not to reverse engineer any part of the Service.
You may only use the Service in accordance with these Terms and any agreements governing the Service's provision to you (including, for instance, any app store agreement). You are solely responsible for obtaining any additional or related hardware or software necessary for using the Service.
Except as described below, you are prohibited from decompiling, disassembling, reverse compiling, reverse assembling, reverse translating, or otherwise reverse engineering the Service, or using any similar methods to uncover the source code of the Service, or discovering any trade secrets or other intellectual property within the Service.
You acknowledge that the Service may periodically check for and install updates on your device. You consent to and accept that the Service may execute updates without your confirmation or consent. While we are not obliged to provide you with updates to the Service (nor is any third party), any updates to the Service will be considered a part of the Service.
We reserve the right to take appropriate action against any user for any unauthorized use of the Service, including pursuing civil, criminal, and injunctive remedies, and terminating any user's access to the Service. Unauthorized use of the Service and our computer systems, not authorized by these Terms, constitutes a violation of these Terms and certain international, foreign, and domestic criminal and civil laws.
In addition to terminating the grant of use of the Service, any violation of this Agreement, including the provisions outlined in this Section 6, will subject you to liquidated damages of twelve thousand dollars ($12,000) for each violation. In cases where your violation results in legal action (whether against you or us by any party), or physical or emotional harm to any party, you will be liable for liquidated damages of One Hundred and Sixty Thousand Dollars ($160,000) for each violation. We may, at our discretion, assign any such damage claim or portion thereof to a third party wronged by your conduct. These liquidated damages provisions are not punitive, but rather an attempt by the Parties to reasonably estimate the amount of actual damage that could result from such a violation. You acknowledge and agree that these liquidated damages represent a minimum amount, and if actual damages exceed this amount, you shall be liable for the greater sum. If a court with appropriate jurisdiction deems these liquidated damages unenforceable to any extent, the liquidated damages shall be reduced only to the extent necessary to make them enforceable.
You recognize that the Service is a versatile tool. It permits access to media on various other platforms and offers features such as downloading and/or converting media. The Service must be used in compliance with the law. We do not endorse, support, encourage, or permit any use of the Service that may infringe upon any law. Specifically, we explicitly prohibit the use of the Service for downloading content in violation of copyright laws.
To the extent that we might temporarily store any User Submissions, it is not our intention to store such User Submissions for any duration longer than necessary to allow users to download their content.
You acknowledge that we reserve the right to charge fees for any or all of our services and to modify our fees at our sole discretion. If we terminate your access to the Service due to a breach of these Terms, you will not be entitled to a refund of any portion of your fees. In all other aspects, these fees will be governed by additional rules, terms, conditions, or agreements posted on the Service and/or imposed by any sales agent or payment processing company, as may be amended from time to time.
We maintain a separate Privacy Policy, and your acceptance of these Terms also signifies that you have read and understood the Privacy Policy. We reserve the right to amend the Privacy Policy at any time by posting such amendments on the Service or our website. No additional notification will be provided to you about any amendments. Your continued use of the App following such amendments will be considered your acknowledgment of the Privacy Policy and your understanding of its contents.
You acknowledge that we may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, gathered periodically to facilitate the provision of updates to the Service.
You understand, acknowledge, and agree that we may access, preserve, and disclose your information if required to do so by law or in good faith belief that such access, preservation, or disclosure is reasonably necessary or desirable for us.
We respect the intellectual property rights of others. You may not infringe upon the copyright, trademark, or other proprietary informational rights of any party. We may, at our sole discretion, remove any Content (or restrict the use of the Service with any Content) that we believe violates the intellectual property rights of others and may terminate your use of the Service if you submit any such Content.
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 their grant of use of the Service terminated.
While 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 Service, we have designated an agent to receive notifications of claimed copyright infringement. Notifications should be e-mailed to support@opyoutube.com.
Any notifications that are not relevant to us or do not comply with the law will receive no response or action. An effective notification of claimed infringement must be a written communication to our agent that includes substantially the following:
i. 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;
ii. 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 Service or on the Internet;
iii. Information that will allow us to contact you, including your address, telephone number, and, if available, your e-mail address;
iv. 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;
v. A statement that the information in the notification is accurate and that, under penalty of perjury, you are the owner or are authorized to act on behalf of the owner of the work that is allegedly infringed; and
vi. A physical or electronic signature from the copyright holder or an authorized representative.
If your User Submission or a result related to your content is removed as a result of a notification of claimed copyright infringement, you may provide us with a counter-notification, which must be a written communication to our aforementioned agent and satisfactory to us. It must include substantially the following:
i. Your physical or electronic signature;
ii. 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;
iii. 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;
iv. Your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of the courts in the address you provided and the location in which the purported copyright owner is located; and
v. A statement that you will accept service of process from the purported copyright owner or its agent.
We reserve the right to amend these Terms at any time by posting such amended Terms on the Service. No additional notification will be provided to you about any amendments. YOU ACKNOWLEDGE THAT YOUR CONTINUED USE OF THE SERVICE FOLLOWING SUCH AMENDMENTS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH AMENDMENTS, REGARDLESS OF WHETHER YOU HAVE ACTUALLY READ THEM.
You agree to indemnify us and hold us harmless from any and all damages, third-party claims, and expenses, including attorney’s fees, arising from your use of the Service and/or from your breach of these Terms.
In case you have a dispute with one or more other users or any third parties, you 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 Service.
READ THIS SECTION CAREFULLY AS IT LIMITS OUR LIABILITY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
The Service may include links to third-party websites or other services that are independent of us. We assume no responsibility for the content, privacy policies, or practices of these third-party websites or services. We make no representation or warranty as to the accuracy, completeness, or authenticity of information contained on any third-party websites or services. We have no right or ability to edit the content of these third-party websites or services. You acknowledge that we shall not be liable for any and all liability arising from your use of any third-party websites or other services.
The Service is provided "AS-IS" and without any warranty or condition, express, implied, or statutory. We expressly disclaim, to the fullest extent permitted by applicable law, any implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, information accuracy, integration, interoperability, or quiet enjoyment. We also disclaim any warranties related to the absence of viruses or other harmful components in connection with the Services.
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 SERVICE. These damages may arise from various causes, including but not limited to: (i) your use, misuse, or inability to use the Service, (ii) your reliance on any content on the Service, (iii) the interruption, suspension, modification, alteration, or complete discontinuance of the Service, or (iv) the termination of service by us. These limitations of liability also apply to damages incurred due to other services or products received or advertised in connection with the Service.
WE DO NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, CONTENT, OR OTHER MATERIAL OBTAINED THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (v) ANY ERRORS IN CONTENT WILL BE CORRECTED.
ANY CONTENT OBTAINED THROUGH THE USE OF THE SERVICE 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 IN CASE OF DISSATISFACTION WITH THE SERVICE OR ANY OTHER GRIEVANCE SHALL BE THE TERMINATION OF YOUR USE OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE MAXIMUM LIABILITY OF US ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE EXCEED $80.
All of the above disclaimers of warranties and limitations of liabilities shall be deemed to apply to our parent companies, subsidiaries, directors, officers, employees, agents, designees, contractors, affiliates, subsidiaries, successors, and assigns as well.
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 Brazilian Federation without regard to conflict of law provisions. FOR ANY CLAIM BETWEEN US, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF THE COURTS IN the Brazilian Federation. However, in the event that we are seeking indemnification from you hereunder, we may file suit for indemnification (and any other claims) in the same court in which the claim against us for which we are seeking indemnification is brought. You hereby waive any right to seek another venue because of improper 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 PURPORTED CLASS OR REPRESENTATIVE ACTION.
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 us arising from or relating to these terms or the Service. This provision shall be enforceable even in the case that any arbitration provisions or any other provisions of this section are waived.
(a) 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.
(b) Our failure to enforce any provision of these Terms will not be construed as a waiver of any provision or right.
(c) If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid and unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect.
(d) Nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
(e) 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.
(f) You agree that we may provide you with notices by e-mail, regular mail, or postings to the Service.
(g) The section titles in these Terms are for convenience only and have no legal or contractual effect.
(h) As used in these Terms, the term “including” is illustrative and not limitative.
(i) If this agreement is translated and executed in any language other than English and there is any conflict as between the translation and the English version, the English version shall control.