Terms of Service
THIS AGREEMENT ("AGREEMENT") IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU ("YOU" OR "YOUR") AND SONYOUTUBE ("SONYOUTUBE", "OUR," "US," "WE") REGARDING YOUR ACCESS TO AND USE OF THE SONYOUTUBE.COM WEBSITE ("WEBSITE") AND ANY FUTURE SONYOUTUBE APPLICATION ("APPLICATION"). YOU MUST READ THIS AGREEMENT CAREFULLY PRIOR TO USING THE WEBSITE. BY ACCESSING AND USING THE WEBSITE, YOU ARE CONSENTING TO BECOME A PARTY TO THIS AGREEMENT AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OUTLINED BELOW.
- SonYoutube usage
- Description of sonyoutube’s services
- Non-commercial use
- Sonyoutube user privacy
- Technological and use limitations
- Intellectual property rights
- Disclaimer of warranties
- Limitation of liability
- Class action waiver
- Applicable law
1. SonYoutube usage
IMPORTANT NOTICE: Using the Website does not constitute permission or a license for obtaining or distributing unauthorized files. It is illegal for you to distribute copyrighted files without permission. When you use the website you agree that you will not use the website for the purpose of copyright infringement.
Original works of authorship, including literary, dramatic, musical, artistic, and certain intellectual compositions are protected by copyright law. If a person publicly performs, reproduces, distributes copies, or displays works without consent of the copyright owner, they could be in violation of the law. Please make sure that you are aware of, respect and comply with all copyright laws. Go to www.copyright.gov to learn more about U.S. copyright law. For more information on academic, music, movie, gaming, and webcast copyrights please visit the www.riaa.com, www.copyright.com, www.creativecommons.org, www.mpaa.org websites.
You agree that any and all downloading or converting will be limited to personal, private, and non-commercial uses only. You agree that You will not share, distribute, or broadcast any files downloaded or converted with the website in any way.
2. Description of sonyoutube’s services
The Service allows to create an audio from a YouTube video. The Website does not share, host, store, or provide any kind of content, including but not limited to, any video, audio or game content, content that is not available to the public. The services provided by the Website are based on third-party-website. Any linked websites provided in the Website are in no way connected to, under the control of, or associated with SonYoutube. The Service is not affiliated with YouTube in any way.
3. Non-commercial use
You agree that the use of the Services is strictly limited for a non-commercial purpose and in a non-commercial environment. It means that you shall not perceive, receive, generate, benefit or create directly or indirectly, any moneys, incomes, revenues, data or any other consideration in connection with the use of neither the Services themselves, nor any and all content accessed through the Website. Furthermore, It means both the Website and the Content accessed through the Website, shall not be associated, directly or indirectly with SonYoutube. You acknowledge that the use of the Content is limited to a strictly private use within a family scope.
You are the only responsible for the data (e.g. URLs) you send to the SonYoutube service. One is reminded that the illicit exchanges of recordings and protected works as well as the hacking harm artistic creation. One is reminded that also non the respect of the laws in force, in particular those about the respect of the intellectual and artistic property, can give place to continuations and judgments. SonYoutube is meant for creating a recording/copy of online videos publicly accessible, for the personal use ("fair use"). Any further use of the content downloaded/recorded by SonYoutube, particularly but not exclusively making the content publicly accessible or using it commercially, must be agreed upon with the holder of the rights of the respective downloaded content. The user bears full responsibility for all actions related to the data transmitted by SonYoutube. SonYoutube does not grant any rights to the contents, as it only acts as a technical service provider. The user carries the responsibility for checking the legitimacy of his use of SonYoutube. The legitimacy of using this service may differ in the users country through local laws. SonYoutube only provides the technical platform. Hence, SonYoutube does not take liability towards the user or any third party for the permissibility of downloading content through SonYoutube.
4. Sonyoutube user privacy
SonYoutube reserves the right to change these terms and conditions from time to time at its sole discretion, without prior notice, by posting such revised terms and conditions on the website. It is Your obligation to routinely review these terms and conditions and Your continued use of the website following any such change (whether or not You have reviewed such change) constitutes Your binding acceptance to follow and be bound by the terms and conditions as changed.
6. Technological and use limitations
SonYoutube will make reasonable efforts to keep the Software operational. However, certain technical difficulties or routine site maintenance/upgrades may, from time to time, result in temporary service interruptions. YouTube Free Downloader reserves the right at any time to modify or discontinue, whether temporarily or permanently, all or any part of the functions of the Software with or without notice to You. You agree that YouTube Free Downloader shall not be liable to You or to any third party for any of the direct or indirect consequences of any permanent or temporary modification, suspension, discontinuance of, or interruption to the Software.
7. Intellectual property rights
Google™, YouTube™, Facebook™ and Twitter etc. are registered trademarks and SonYoutube is not affiliated or associated with any media, multimedia, or social networking sites and confirms that such names are registered trademarks and the property of their respective owners.
You understand that all information or material accessible as part of, or through, the Services or the Website (the "Content") is the sole responsibility of the person from which such information or material originated. All Content, including but not limited to advertisements, posts, blogs, messages, and third-party links on the Website, may be protected by intellectual property rights which are owned by the provider of the Content (or by other persons or entities). You may not modify, rent, lease, loan, sell, distribute, copy, or create derivative works based on this Content (either in whole or in part) unless you have been given written permission by the owners of that Content. The trademarks, service marks, and trade names appearing on the Website are the common law or registered trademarks of Company, its licensors, or others. No trademark, service mark, or trade name may be used without the express written permission of the owner.
Subject to the terms hereof, SonYoutube will provide You with email support services for the Software. Under no circumstances will, SonYoutube have any obligation to provide you with hard-copy documentation, upgrades, enhancements, modifications, or phone, chat or other support.
9. Disclaimer of warranties
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE WEBSITE, THE APPLICATION AND THE PRODUCTS AND SERVICES OFFERED THROUGH THE WEBSITE, OR THE APPLICATION, OR ANY PORTION THEREOF, EXPRESS, IMPLIED OR STATUTORY, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE MATERIAL, AND ALL WEBSITE PROVIDED BY SONYOUTUBE, IS BORNE EXCLUSIVELY BY YOU. SHOULD THE MATERIAL, THE WEBSITE, PRODUCT OR ANY OTHER SERVICE PROVIDED BY SONYOUTUBE, PROVE DEFECTIVE AND/OR CAUSE ANY DAMAGE TO YOUR COMPUTER OR INCONVENIENCE TO YOU, YOU, AND NOT SONYOUTUBE, ASSUME THE ENTIRE COST AND ALL DAMAGES THAT MAY RESULT DIRECTLY AND INDIRECTLY FROM ANY AND ALL SUCH DEFECTS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. SOME STATES AND COUNTRIES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION. UNDER NO CIRCUMSTANCES, AND UNDER NO CAUSE OF ACTION OR LEGAL THEORY, SHALL THE SONYOUTUBE, ITS SUPPLIERS, LICENSEES, RESELLERS, OR OTHER SUBSCRIBERS, OR THEIR SUPPLIERS, LICENSEES, RESELLERS OR SUBSCRIBERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES RESULTING FROM ANY USE OF MATERIALS OR OTHER USE OF THE WEBSITE OR SOFTWARE.
10. Limitation of liability
YOU HEREBY AGREE THAT SONYOUTUBE WILL ONY BE USED FOR PERSONAL AND NON-COMMERCIAL PURPOSES, AND WILL NOT BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE, PROFITS OR DATA ARISING IN CONNECTION WITH THIS AGREEMENT OR THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE SOFTWARE WILL NOT EXCEED THE TOTAL FEES PAID BY YOU TO SONYOUTUBE UNDER THIS AGREEMENT.
YOU AGREE TO BE PERSONALLY LIABLE AND FULLY INDEMNIFY SONYOUTUBE, ITS AGENTS, AND ITS SUCCESSORS AND ASSIGNS FOR ANY AND ALL DAMAGES DIRECTLY, INDIRECTLY AND/OR CONSEQUENTIALLY RESULTING FROM ANY ATTEMPTED OR ACTUAL UNAUTHORIZED USE, DOWNLOADING OR OTHER DUPLICATION OF MATERIALS FROM THE WEBSITE OR ANY THIRD PARTY WEBSITE BY USING THE WEBSITE , WHETHER USED BY YOU ALONE, OR BY, OR WITH, OR UNDER THE AUTHORITY OF, ANY OTHER PERSON(S), WHETHER WITH OUR WITHOUT YOUR KNOWLEDGE PERMISSION OR AUTHORIZATION, INCLUDING, WITHOUT LIMITATION, ANY GOVERNMENTAL AGENCY(IES), WHEREIN SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, ALL DIRECT AND CONSEQUENTIAL DAMAGES DIRECTLY OR INDIRECTLY RESULTING FROM UNAUTHORIZED USE OR DOWNLOADING OF MATERIALS FROM THE WEBSITE.
YOU AGREE THAT ANY LIABILITY OF SONYOUTUBE, INCLUDING, WITHOUT LIMITATION, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OR ACTION, SHALL BE STRICTLY LIMITED TO THE TOTAL FEES PAID BY, OR ON BEHALF OF, THE SUBSCRIBER TO SONYOUTUBE FOR THE PRECEDING MONTHLY BILLING PERIOD OR PAID TRIAL PERIOD, AS APPLICABLE. SOME STATES OR COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. SONYOUTUBE IS NOT LIABLE FOR DAMAGES RESULTING FROM DISSEMINATING, FAILING TO DISSEMINATE, OR INCORRECTLY OR INACCURATELY DISSEMINATING ANY MATERIAL, DATA, ADVERTISEMENT OR OTHER COMMUNICATION AT OR THROUGH THE WEBSITE.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS SONYOUTUBE, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM AND AGAINST ALL LOSSES, DAMAGES, LIABILITIES, CLAIMS, THREATENED CLAIMS LEGAL ACTIONS, JUDGMENTS, COSTS, EXPENSES OR OTHER CAUSES OF ACTION OF ANY NATURE WHATSOEVER ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH, BUT NOT LIMITED TO, (1) YOUR USE OF THE WEBSITE AND SOFTWARE; (2) YOUR BREACH OF THIS AGREEMENT; OR (3) YOUR IMPROPER USE OF OR ANY ILLEGAL ACTIVITIES BY YOU IN RELATION TO WEBSITE AND SOFTWARE.
11. Class action waiver
WHETHER IN COURT, SMALL CLAIMS COURT, OR ARBITRATION YOU AND WE MAY ONLY BRING CLAIMS AGAINST EACH OTHER IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS REPRESENTATIVE OR A CLASS MEMBER IN A CLASS OR REPRESENTATIVE ACTION. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS-ACTION OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER SUBSCRIBERS, OR OTHER PERSONS SIMILARLY SITUATED.
YOU HEREBY AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING NOW OR IN THE FUTURE UNDER OR RELATING IN ANY WAY TO THIS AGREEMENT, OR TO THE WEBSITE, REGARDLESS OF THE NATURE OF THE CAUSE(S) OF ACTION ASSERTED (INCLUDING CLAIMS FOR INJUNCTIVE, DECLARATORY, OR EQUITABLE RELIEF), SHALL BE RESOLVED BY BINDING ARBITRATION. CLAIMS SUBJECT TO ARBITRATION INCLUDE CLAIMS THAT ARE MADE AS COUNTERCLAIMS, CROSS CLAIMS, THIRD PARTY CLAIMS, INTERPLEADERS, OR OTHERWISE. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, AND YOU THEREFORE AGREE TO WAIVE ANY RIGHT THAT YOU OR WE MIGHT OTHERWISE HAVE HAD TO A JURY TRIAL OR THE OPPORTUNITY TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY. YOU FURTHER AGREE THAT YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION (SUCH AS AN ACTION IN THE FORM OF A PRIVATE ATTORNEY GENERAL) TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY; NOR WILL YOU BE ABLE TO PARTICIPATE AS A CLASS MEMBER IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY.
The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorney's fees.
13. Applicable law
The present Terms are submitted to French law. In case of litigation, the parties will try to reach an agreement before any judicial proceeding. If no agreement can be reached, any claim regarding the validity, the interpretation and/or the execution of the Terms will have to be brought before a French court and thus even if there are multiple defenders or in case of guarantee enforcement.
Last updated: January 5th, 2015