Acceptance of Terms of Service
Please read these terms of service carefully before using services provided by VidPaw through this website or software (collectively, the "Website", "Website and Services"). This agreement governs your relationship with VidPaw and use of the services provided through the website and software. VidPaw hereby requests that you accept these terms of services. You may use the services provided by VidPaw only on the condition that you accept all of the terms and conditions contained herein. Using the services provided by VidPaw indicates that you accept these terms of service. If you do not accept these terms of service, do not use the website or services.
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) years of age, 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.
Please check these Terms of Service regularly to ensure that you are aware of all terms governing your use of the Website and Services. Specific terms and conditions may apply to non-user generated Content. Such specific terms may be in addition to these Terms of Service or, where inconsistent with these Terms of Service such specific terms will supersede these Terms of Service only to the extent that the content or intent of such specific terms is inconsistent with these Terms of Service.
VidPaw reserves the right to make changes or updates with respect the content or the format thereof at any time without notice. VidPaw also reserves the right to terminate or restrict your access to the Website and Services or any portion thereof for any reason whatsoever at its sole discretion.
Links
The Website may contain links to third party websites that are not owned or controlled by VidPaw. VidPaw is not affiliated with those websites, has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, VidPaw will not and cannot censor or edit the content of any third-party site.
By using the Website, you expressly release VidPaw from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you have left the Website and to read the terms and conditions and privacy policy of each other website that you visit. VidPaw does not host any of the videos embedded here.
Services
You acknowledge that the Website is a general-purpose search engine and tool. Specifically, but without limitation, the Website allows users to search for music and videos in multiple websites as well as to download audio files and videos. VidPaw is nevertheless the service provider but not responsible for any downloads. The Website and Services are subject to laws. We do not encourage, condone, induce or allow any use of the Website that may be in violation of any law.
Users' Obligations
You agree to use the Website and Services only for purposes permitted by these Terms of Service as well as any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. VidPaw is not responsible for any violation of applicable laws, rules, or regulations committed by your or a third party at your behest. It is your responsibility to ensure that your use of the VidPaw application, website, and services does not contravene applicable laws, rules, or regulations. Specifically, you agree and warrant that in using the Website and Services, your actions do not contravene the laws, rules, or regulations of (1) the country, state, or locality where you reside, or (2) the country, state, or locality where VidPaw is located or operates. This includes complying with applicable export and import restrictions as well as other restrictions.
User Content
User Account holders may upload, store or transfer files, videos, pictures, data, information, and other material through the Website and Services ("User Content"). VidPaw does not own any User Content and does not monitor, edit, or disclose any information regarding you or your User Account without your prior permission, except in accordance with these Terms of Service or Privacy Policy. VidPaw also does not, as a matter of practice, review, inspect, edit or monitor any User Content posted, stored, or accessed by you or any other user of the Website or Services. However, VidPaw reserves the right, solely upon its own discretion, to refuse, remove, or disable access to User Content that VidPaw learns may be illegal or may violate the terms of these Terms of Service, although it has no obligation to do so. VidPaw's action or inaction to regulate content or conduct or to enforce against any potential violation of these Terms of Service by any user (or any other third party) does not waive VidPaw's right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar content, conduct, or potential Terms of Service violation.
VidPaw does not control, is not responsible for, and makes no representations or warranties with respect to any User Content. You are solely responsible for your access to, use of and/or reliance on any User Content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research, and due diligence with respect to any User Content. It's your responsibility to investigate the licensing of any User Content prior to using such User Content in any way and to ensure that your use of any such User Content complies with all applicable laws, licensing requirements and does not infringe third parties' proprietary rights. You are also responsible for any content that you post or transmit as well as all content posted or transmitted through or by use of your User Account.
Content prohibited from the Website and Services include but is not limited to: (1) illegal content; (2) content relating to the creation, advertising, distribution, or receipt of illegal goods or services; (3) offensive content (including, without limitation, defamatory, threatening, or pornographic content); (4) content that discloses another person's personal, confidential, or proprietary information; (5) fraudulent content; (6) malicious content such as malware or spyware; and (7) content that offers, promotes, advertises or provides links to unsolicited products or services.
Intellectual Property
Copyright, trademark and all other proprietary rights in the Website, VidPaw, Services, and Content (including but not limited to software, services, audio, video, text, and photographs, but excluding User Content) rest with VidPaw and/or its licensors. Unless otherwise specifically provided herein or authorized by VidPaw in writing, all rights in the Website, Services, and Content not expressly granted herein are reserved. You agree not to copy, republish, frame, make available for download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Content, Website, VidPaw, or Services, other than in conjunction with the Services offered by VidPaw through the Websites.
VidPaw hereby disclaims any rights to trademarks, service marks, trade names, logos, copyright, patents, domain names or other intellectual property interests of third parties, all intellectual property interests of third parties referenced herein, including without limitation Third Party Material or otherwise provided on this Website are the properties of their respective owners. VidPaw disclaims any proprietary interests in the intellectual property rights other than their own.
Warranties and Disclaimers
All content and/or services are provided "as is" and "as available". VidPaw hereby expressly disclaims any representations or warranties of any kind, express or implied, including without limitation warranties of merchantability, fitness for any particular purpose, non-infringement, or as to the operation of this website, services or the content. VidPaw does not warrant or make any representations as to the security of the website, services, or content. you acknowledge that any information sent may be intercepted in transmission or otherwise. VidPaw does not warrant that the website, services, content, or the servers which make this website available or electronic communications sent by VidPaw are free from viruses or any other harmful elements. except as agreed by VidPaw in writing, contractors, agents, dealers or distributors of VidPaw or any other third party shall not have a right to modify this limited warranty, nor to make any additional warranties.
The use of the website, or services or the downloading or other use of any products through the website is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities. VidPaw assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the website or in connection with any services or products offered through the website. No advice or information whether oral or written, obtained by you from VidPaw or from the website shall create any warranty not expressly stated in the terms of service.
The Website and Services may contain references to specific VidPaw products and Services that may not be available in a particular country. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country.
You understand and agree that by using the Website and Services, you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, you use the Website and Services at your own risk.
In no event shall VidPaw or any of its affiliates be liable for any direct, indirect, consequential, punitive, special or incidental damages (including, without limitation, damages for loss of business, contract, revenue, data, information or business interruption), under any theory of liability, resulting from, arising out of or in connection with the use of, or inability to use the website, or services or the content, products, services, statements or actions of any third party on or through the website, and services, any unauthorized access to or alteration of your transmission or data, any information that is sent or received, or not sent or received, any failure to store data, any loss of data, loss or damage to files, loss or damage to the content, any services available through the website that are delayed or interrupted, even if VidPaw has been advised of the possibility of such damages. Any action brought against VidPaw pertaining to or in connection with the website and services must be commenced and notified to VidPaw in writing within one year after the date the cause for action arose.
Some jurisdictions do not allow the exclusion of implied warranties or limitations so the above limitations may not apply to you.
Your Warranties
You hereby warrant that:
(i) all information provided by you to VidPaw in connection with the website, VidPaw and the services is true, accurate, correct, and up to date;
(ii) you have full power and authority to enter into these terms of service;
(iii) you are of legal age to form a binding contract with VidPaw;
(iv) you will seek all necessary governmental approvals required to effectuate these terms of service;
(v) you shall perform all of your obligations under these terms of service in accordance with applicable laws, rules, and regulations; and
(vi) your editorial, text, graphic, audiovisual, and other content that is available to users of this website and that is not provided by VidPaw do not (1) infringe any intellectual property rights of any third party, (2) constitute defamation, libel or obscenity, (3) result in any consumer fraud, product liability, breach of contract to which you are a party or cause injury to any third party, (4) promote violence or contain hate speech, (5) violate any applicable law, statute, ordinance, or regulations, or (6) contain adult content or promote illegal activities.
Any and all items sent, received, downloaded, or purchased from the Website and Services may be subject to United States export controls. Thus, no product may be exported or re-exported
(i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or
(ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Website and Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Privacy Policy
We retain a separate Privacy Policy and your assent to these Terms also signifies your assent to the Privacy Policy. We reserve the right to amend the Privacy Policy at any time by posting such amendments to the Website. No other notification may be made to you about any amendments. Your continued use of the Website following such amendments will constitute your acceptance of such amendments, regardless of whether you have actually read them.
Copyright Claims
We retain a separate Copyright Notice and your assent to these Terms also signifies your assent to the Copyright Notice. We reserve the right to amend the Copyright Notice at any time by posting such amendments to the Website. No other notification may be made to you about any amendments. Your continued use of the Website following such amendments will constitute your acceptance of such amendments, regardless of whether you have actually read them.
Fees
VidPaw is currently free to use and will continue to be open and free for a long time. However, if not, 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.
Indemnity
You agree to defend, indemnify and hold harmless VidPaw, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from:
(i) your use of the Website;
(ii) your violation of these Terms of Service;
(iii) your violation of the terms which apply to your User Submission;
(iv) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; or
(v) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms & Conditions and your use of the Website.
General Terms
(1) 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.
(2) Our failure to enforce any provision of these Terms will not be construed as a waiver of any provision or right.
(3) 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.
(4) Nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
These Terms are not assignable, transferable or sub-licensable by you except with our prior written consent, but may be assigned or transferred by us without restriction.
(5) You agree that we may provide you with notices by e-mail, regular mail, or postings to the Website.
(6) The section titles in these Terms are for convenience only and have no legal or contractual effect.
(7) As used in these Terms, the term “including” is illustrative and not limitative.
(8) 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.
