Please review these terms and conditions of use carefully before using our websites, including, without limitation, the following website/software(s):
- Apex Video Downloader
- https://www.apexvideodownloader.com
This document states the terms and conditions ("Terms") upon which
Apex Video Downloader and
https://apexvideodownloader.com ("we" or "us") will provide service to you on its websites, software(s) including, without limitation, the above listed websites (collectively, the "Website" or "software(s)"). These Terms constitute a contractual agreement between you and us. By visiting, accessing, downloading software(s) using, and/or joining (collectively "using") the Website, you express your understanding and acceptance of these Terms. As used in this document, the terms "you" or "your" refers to you, any entity you represent, your or its representatives, successors, assigns and affiliates, and any of your or their devices. If you do not agree to be bound by these Terms, navigate away from the Website and cease using it.
- It is the sole responsibility of the user to make sure that the respective website and/or software(s) allows for downloading of content. "We" won't be held responsible for any un-authorized use.
- You must be at least eighteen (18) years of age to use the Website and/or software(s), 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/software(s) is not permitted where prohibited by law.
- The consideration for your acceptance of these Terms is that we are providing you the Grant of Use to use the Website and/or Software pursuant to Section B hereof. You acknowledge and agree that this consideration is adequate and that you have received the consideration.
- Please download content from the respective website if allowed by the provider. Do not use this software to download unauthorized content.
- We grant you a non-exclusive, non-transferable and limited right to access, non-publicly display, and use the Website and/or software(s), including all content available therein (the "Content") (subject to the restrictions of the Website/software(s)) on your computer or mobile device consistent with these Terms. You may only access and use the Website/Software for your personal and noncommercial use.
- 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/software(s), 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/software(s) after said termination. Upon termination, the grant of your right to use the Website/software(s) 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.
- The Content on the Website/software(s), excluding User Submissions and Third Party Content (see Credit), but including other text, graphical images, photographs, music, video, software(s), scripts and trademarks, service marks and logos contained therein (collectively "Proprietary Materials"), are owned by their respective owners. 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.
- 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.
- You are entirely responsible for all the content (images, media files) you download, transmit, share via the software(s).
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You further agree that you shall not upload, submit, create, transmit, modify or otherwise make available material that:
- Is copyrighted, protected by trade secret or trademark laws, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have explicit permission from the rightful owner to submit the material and to grant us all of the license rights granted herein;
- 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 decided by us in our sole discretion;
- 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;
- Impersonates any person or entity or otherwise misrepresents you in any way, including creating a false identity;
- 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
- Is unsolicited or unauthorized advertising, promotion, "spam" or any other form of solicitation.
- 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.
- You hereby expressly authorize us to monitor, record and log any of your activities on the Website and/or software(s).
- You agree not to use the Website and/or software(s) for any unlawful purpose or in any way that is prohibited by these Terms;
- You agree not to license, sublicense, sell, resell, transfer, assign, distribute or otherwise in any way commercially exploit or make available the Website/software(s) or any Content to any third party;
- You agree not to "frame" or "mirror" the Website and/or software(s); and
- You agree not to reverse engineer any portion of the Website and/or software(s)
- We reserve the right to take appropriate action against any user for any unauthorized use of the Website and/or software(s), 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.
- In addition to termination of the grant of use of the Website and/or software(s), any violation of this Agreement, including the provisions of this Section E, shall subject you to liquidated damages of USD Twenty thousand dollars (USD $20,000) 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 Two Hundred and USD Fifty Thousand Dollars (USD $250,000) 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.
- You acknowledge that the website and/or software(s) is a tool that is to be used for personal and private use. Any commercial use of the website and/or software(s) is in violation of these terms and is punishable by law.
- You acknowledge that the Fees or Service charge can be changed to any amount with or without any notification. It is the responsibility of "you" the user to ensure the price of ther services before making any purchase on the website or through the software(s).
- 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 and/or Software. No other notification may be made to you about any amendments. Your continued use of the Website and/or software(s) following such amendments will constitute your acceptance of such amendments, regardless of whether you have actually read them.
- 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 and/or software(s) if you submit any such Content.
- We reserve the right to amend these Terms at any time by posting such amended Terms to the Website/Software. No other notification may be made to you about any amendments. YOU ACKNOWLEDGE THAT YOUR CONTINUED USE OF THE WEBSITE AND/OR SOFTWARE FOLLOWING SUCH AMENDMENTS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH AMENDMENTS, REGARDLESS OF WHETHER YOU HAVE ACTUALLY READ THEM.
- 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 software(s) and/or from your breach of these Terms.
- 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 and/or software(s).
- READ THIS SECTION CAREFULLY AS IT LIMITS OUR LIABILITY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW (BUT NO FURTHER).
- The Website and/or software(s) 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.
- 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/SOFTWARE, 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.
- 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/SOFTWARE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED THROUGH THE WEBSITE AND/OR software(s) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (v) ANY ERRORS IN CONTENT WILL BE CORRECTED.
- ANY CONTENT OBTAINED THROUGH THE USE OF THE WEBSITE AND/OR software(s) 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.
- 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 Anguilla 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 ANGUILLA. 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 ANGUILLA AND ANYWHERE ELSE YOU CAN BE FOUND. 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 the us arising from or relating to these terms or the Website/Software. This provision shall be enforceable even in the case that any arbitration provisions or any other provisions of this section are waived.
- 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.
- Our failure to enforce any provision of these Terms will not be construed as a waiver of any provision or right.
- 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.
- Nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
- You agree that we may provide you with notices by e-mail, regular mail, or postings to the Website/Software.
- The section titles in these Terms are for convenience only and have no legal or contractual effect.
- As used in these Terms, the term "including" is illustrative and not limitative.
- 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.
- This software does not guarante that every media/channel link will be downloadable. We try our best to provide compatability. However, issues may arise that could lead to partial or complete incompatability with the supporting website. If such conditions arise, no refunds will be granted. By using this(Apex Video Downloader) software you agree to the risks associated with it. No refunds will be granted.
- Sometimes, comptability with a supporting may get severed. In such as case contact support contact@apexvideodownloader.com and provide the link of the media url for inspection. This submittion will be privately used and will not be shared with any third party. You will not take any legal pursuits against us for this.
- It is your responsibility to not download copyrighted contents hosted on any of the websites supported.