Terms and conditions YTMP3.com

 

1. About YTMP3.com

 

YTMP3.com is a website owned by MANDARINE INTERNATIONAL S.A., with the headquarters in Bucharest, 28-30 Academiei Street, 8th floor, 1st District, Bucharest, Romania, recorded in the Registry of Trade under no J40/8533/2016, CUI 36225888, society that owns and administrates YTMP3.com.

 

YTMP3.com puts at its users' disposal, free of charge, a converter that offers the possibility of transforming files from a video format into MP3 files, in the express conditions that are stated in the present Terms and Conditions section.

 

Considering the fact that using YTMP3.com implies the unconditional acceptance of the present terms and conditions and the unconditional adherence of the user to the present conditions, we recommend you to have enough time for carefully reading the present Terms and Conditions. We also recommend you to access and periodically reread the updated version of the present Terms and Conditions of YTMP3.com.

 

These terms are applied regardless of the device you are using for accessing YTMP3's website (including desktop, laptop or the mobile web browser, digital television, mobile phones, automobiles' personal computers, portable digital devices and any other mobile device or presently acknowledged technology or that will be developed in the future).

 

YTMP3.com does not host any of the files meant for the Convertor. The URL uploaded by you will be kept only for the period of time required for the file conversion or, when necessary, the file will be kept for the time required by certain statistical procedures in order to optimize our services.

 

2. Definitions

 

„YTMP3.com content”: includes, without being limited to, any text, graphics, layouts, logos, images, audio material, films or other motion images, articles that permanently or temporarily appear on the website, details about product and/or software, published or available in any way for the User on the website, as well as the products provided through the website

 

„Brands, drawings”: they are commercial brands, logos and services brands (no matter whether they are registered or not) that are displayed on the website.

 

„Copyright”: the right to be recognized as the sole author of the work, having the moral and patrimonial characteristics stated by the Law no 8/1996 regarding author rights and the associated rights as well as those stated by the international conventions to which Romania has adhered.

 

„Convertor”: a software that has the ability to convert audio files from a format to another (for example, from FLAC to MP3). It often selects coding parameters for each of the output file formats in order to obtain a quality sound.

 

3. General conditions of using the website

 

YTMP3.com puts at your disposal and grants you with permission to use the products/services offered by the website only by strictly respecting the present conditions. Accessing and using the website YTMP3.com is done under the authority of the present rules and is conditioned by accepting and respecting them. The rules of use are applied to all persons that access or use the website.

 

In order to use the services provided by the website, you must have the legal capacity to adhere to the YTMP3.com terms or to have parents' or tutor's consent in order to browse this website and do so under their surveillance and authority.

 

By accessing and using the YTMP3.com website, you are giving a total and unconditional acceptance to fully and without exception respect all the rules stated in the YTMP3.com Terms and Conditions. If you do not partially or fully accept the stipulations of the YTMP3.com Terms and Conditions or you accessed the website by mistake, without the intention of accepting the present Terms and Conditions of YTMP3.com or you do not possess the capacity to fully understand or accept the Terms and Conditions of using YTMP3.com, please leave this website immediately and do not use YTMP3.com products.

 

Visitors have free and unrestricted access to the website and are authorised to use the website and the output file from the conversion, according to the stipulations from the YTMP3.com Terms and Conditions and only by respecting the legal related dispositions, the international conventions, only for personal and non-commercial purposes, without violating the rights and legitimate interests of third parties.

 

The YTMP3.com is „given as such” only for personal use and cannot be used, copied, distributed, transmitted, published, posted, sold, licensed or exploited in any other way than those stated in the present conditions or for any other purposes, without a preliminary written agreement of YTMP3.com. The YTMP3.com converter (the page for webmasters) can be used by other web pages that wish to directly use this free online tool.

Your access to YTMP3.com can be immediately restricted or suspended, without any previous notification, without us being forced in any way to motivate the decision, should any of the stipulations of the present Terms and Conditions be violated.

 

Since this is a free service, the owner, and administrator of the YTMP3.com website can decide, without any formality or preliminary procedure, without any notification, unilaterally, unmotivated, unconditionally and according to his own will the suspension or the interruption of the YTMP3.com services. He can also unilaterally, unmotivated and according to his own will deny the access to any user to the YTMP3.com page and/or the use of the converter.

 

It is forbidden to disturb the use and exploitation of the website by third parties, the transmission of computer viruses or other elements that harm the well functioning of the website. The launch or use of any computer system is forbidden, including but not being limited to, „robots”, „spiders” and „offline readers” or any system that accesses the website in a manner that might transmit in a certain period of time more solicitation messages than a human could reasonably do, by using a conventional web browser, in the same period of time. Collecting information or personal identification data from the YTMP3.com website is forbidden, the use of communication systems that are offered on the website (when that is the case) for commercial purposes being forbidden as well.

 

By using the website, you are obliged not to elude, deactivate or in any way interfere with the website's security systems or with the systems that prevent or restrict the usage or copying of any element of content from the website or that imposes limitations in using the website.

 

4. Respecting the law, third parties' rights and intellectual property

 

YTMP3.com puts at users' disposal a Convertor that is to be used by the person on their own and exclusive responsibility in such a manner so that no third party rights are damaged. The Convertor can be strictly used for converting files with video format that contain data for which the user has the legal right to use and for whose download, conversion, and usage has no legal restriction (for example, downloading or converting one of the user's own videos, downloading or converting a video file when this right has been transmitted by the author, downloading or converting a video file according to the exceptions stated by art 33 from the Law no 8/1996 regarding copyright and associated rights, downloading or converting a video file into an audio one with educational purpose, in the limits and by respecting the legal conditions, other express situations stated by the law). The files resulted through conversion can be used only for personal purposes and in no circumstances for commercial purpose, the user not having the right to publicly post, under no circumstances and in no manner, the content of the resulted mp3 file.

 

YTMP3.com does not allow that through the website illegal activities to be performed, including activities that violate intellectual property rights. You do not have the right that by using YTMP3.com to convert files that contain illegal data, that were obtained through law breaking ways, that violate confidentiality agreements or author rights of other persons. Any violation of this condition holds you responsible in front of the law exclusively.

 

Please make sure that when you take and upload in any way the files or any materials on the website (for using the Convertor or in any other purpose) you do not violate the intellectual property right or other rights belonging to third parties. When the materials uploaded on the YTMP3.com website (for using the Convertor or in other purposes) were taken from other websites, you obey and accept the policies of the respective website regarding the ownership and usage of data and of the respective materials. We ask you to read and respect the terms and conditions as well as any other documents that regulate the usage conditions of the respective websites, otherwise, you are at risk of violating the ownership and usage conditions of the respective data and materials and you can be sanctioned. The legal conditions in which the data and the content taken from other websites can be used can vary according to the effective laws in the user's country or the laws that are applicable to the holder of the source website. You are obliged to get informed regarding these legal requirements and to respect them.

 

The user bears the full responsibility for all the actions connected to the downloaded data from third party websites and uploaded on YTMP3.com. Every time the copyright of the uploaded content that is to be converted belongs to a third person, the conditions in which the respective work can be used and exploited must be preliminarily agreed with the rights holder over the downloaded/uploaded content. The user bears responsibility for the lawfulness of using YTMP3.com. YTMP3.com offers only the technical platform, acting solely as a provider of a technical product in the field of informatics. YTMP3.com holds no responsibility towards the user or any third party for the lawfulness of data introduced for conversion or the way of using the already converted data.

 

Using our YTMP3.com converter without respecting the effective laws, especially those regarding intellectual property can lead to having your access to the YTMP3.com website services forbidden, followed by you being blocked from our website without a preliminary notification, should we be further notified of such practices.

 

The YTMP3.com website and its full content, programs, brands, logos, graphics, texts, audio or video files, photographs, drawings, software, and databases, as well as any other materials posted on the website, are protected by the copyright law and are owned by Mandarine International S.A. or its partners.

 

The website and its content are protected by the Romanian legislation regarding copyrights, as well as the applicable international legislation regarding copyrights. The use of YTMP3.com logo and of other brands from Mandarine International S.A. or the association with the name YTMP3.com or Mandarine International S.A. is forbidden without having obtained at first our written permission.

 

Unauthorized copying and any intervention, transformation or modification of the computer program that is at the base of the website are forbidden, without the authorization of the copyright holder of the program.

 

Should you consider that your copyright was violated by improperly using the YTMP3.com website we encourage you to transmit us a notification in which you signal the violation of rights, to offer the exact dates of the illegal use and the proof of the fact that the signaled violation is regarding your rights. The notification must contain data that allow the identification of the copied work, the website or link from where you claim it was taken, brief but convincing evidence that support the fact that you are the copyrights holder over the work or proof that you act in the name of the rights holder, as well as a declaration on your own responsibility in which you assume the risk to hold the charges that are imposed should you not act rightfully. The notifications will be addressed to [email protected].

 

Should we received the above notification, the administrator and/or holder of YTMP3.com will file a form to identify the user that incorrectly used the product and thus violating the claimed rights and will seek to block this user's access to YTMP3.com in the future.

 

5. Limiting responsibility

 

By accessing YTMP3.com, you claim the fact that using the website is done on your own account, with you being the only responsible person for respecting the laws, third parties' rights and the conditions in which the present product is put at your disposal.

 

YTMP3.com will not be responsible for the users' behaviour and will not be held responsible for the prejudices caused by these to third parties, YTMP3.com putting at users' disposal solely a technical product accompanied by use conditions that, by being respected, assure obedience to the law and respecting the legal rights and interests of persons.

 

YTMP3.com, its owner/administrator, all the judicial persons and affiliated entities, partner societies or belonging to the same group, contract partners, employees and other agents of Mandarine International S.A. that are involved in making any of the services that are offered on the website, including creating and publishing the material, are not responsible for direct or indirect damage, of any nature, that would result from accessing the website or associated with using this website and its content, not even in the situation in which it was previously notified by the possibility of the coming into existence of such losses. Moreover, their responsibility cannot be extended to the usage with bad intentions, contrary to the law or not respecting the imposed conditions, by the users of YTMP3.com.

 

YTMP3.com does not take any risk for damage caused to the users by accessing the website, including for potential computer viruses or other harmful elements that cause damage to computers or other electronic devices owned by users or visitors, to the network from which the website is being accessed or for any other data loss. Accessing and using YTMP3.com is done on the exclusive responsibility of the user.

 

YTMP3.com is not responsible for modifying, suspending or interrupting the services that are available through the website.

For the website sections that can contain readers' opinions, the responsibility for the content of those opinions belongs fully to their authors. YTMP3.com has the right not to publish those opinions that contradict the terms and conditions of use or that in any way damage the image of YTMP3.com holders, partners or third parties.

 

YTMP3.com cannot guarantee in any way that the services it provides will be uninterrupted, provided on time, certain or without errors. The published material is purely informative and cannot substitute, in the applicable cases, the opinion of a specialist.

 

YTMP3.com declines any responsibility regarding the accuracy warranty of content provided by third parties.

 

The entire educational, social, informational and multimedia content accessed by the user through YTMP3.com is hosted and provided by external websites whose content is accessible to the wide public. These websites and their operators are responsible for the content they host, provided and/or transmit and YTMP3.com does not maintain any kind of relationship with third party websites and will therefore not be responsible for the content, nor can it control it.

 

6. Data protection and confidentiality. Information storage. Operating personal data

 

Usually, our website can be used without inserting personal data. When personal data (such as name, email address or address) is collected, stored and used by our pages, this will always be done by respecting the legal dispositions stated in the Law 677/2001 for protecting the persons regarding using data with personal character and the free circulation of this data.

 

YTMP3.com will store all the data you transmit to us when you register to use our online services, to use our client assistance service or the technical support one, the moment in which you might have to fill up a form that requires your name and email address. This information will be stored in our database.

 

This website uses its own cookies, as well as third-party cookies, in order to better understand your needs and improve products and services, as well as supplying visitors with a much better browsing experience and services that are adapted to individual interests. Your personal data can be used to personalize as much as possible the YTMP3.com service, as well as in marketing purposes.

 

The cookies of third parties that are encountered on this website can come from the following entities: Doubleclick.com, Facebook.com, Google Analytics, Google Adsense etc, as well as from the beneficiaries of the advertising services supplied by our society at a certain moment through the website. You can consult the full list of cookies from third parties in the published list at the ”Cookie policy” section. YTMP3.com does not have access to these cookies, nor can it control them.

 

YTMP3.com will be able to transmit the gathered data to partner websites, websites belonging to the same group or to particularly preferred partners.

YTMP3.com will be also able to use your data to contact you, will store and modify data with personal character in order to send you information about new offers, promotions, advertising and direct marketing messages. In case you do not desire to be contacted anymore or you require the modification of any information that we provide, you can directly ask for this at the email address: [email protected]

 

Any other kind of communications and materials that you transmit on this website, such as questions, comments, suggestions and other likewise messages will be considered as non-confidential and will not be subjected to any protection. Also, YTMP3.com does not take any responsibility for the situations in which the user publishes any personal data, from his own initiative, in a public message, on the YTMP3.com website.

 

7. Links to other pages (art 15 law 365/2002)

 

It is forbidden to create links to other websites with this website or the other way around, without a preliminary written agreement.

 

The YTMP3.com website contains links to third party websites or other services that are not owned or controlled by the YTMP3.com administrators. Using and accessing this links is the choice of the users and when these links are accessed, the users submit to the policy of the respective website. We recommend you to read the usage terms and the confidentiality declarations of all third party websites before using them or sending personal data or any other information on or through these websites.

 

YTMP3.com does not control and is not responsible for the availability of these pages, their content, their possible copyright violations, the truthfulness that these pages provide, the security they have, whether they contain computer viruses or other harmful elements that endanger you or that cause damage to the computer or to other electronic devices, the network from which you access the website or any other data loss.

 

Likewise, YTMP3.com is not held accountable for the type of products or other materials that those websites provide, for the commercial activity that the respective pages practices nor for any prejudice or losses that the users might experience by accessing the respective link or regarding the information, content, assets or services put at their disposal by the respective websites.

 

8. Modifications of these terms

 

YTMP3.com has the right to modify or replace at any moment the content of the terms and conditions of usage, with or without a preliminary notification of the user. The new conditions become applicable at the moment they were published on the website and do not have retroactive effects.

 

Any modification, no matter how significant, as well as the replacement of the terms and conditions, is fully at the discretion of Mandarine International S.A.

 

Please check and reread these terms regularly, having in mind the fact that any modifications will be applied right after posting on the website. Using the website after these modifications were posted will be considered a tacit acceptance of the modifications.

 

9. The applicable law

 

By visiting the website, the user agrees that any litigation is jurisdictional to the competence of the common law courts from Bucharest, Romania.

The applicable law is the Romanian law as well as the international provisions in the matter of copyright, intellectual property and electronic commerce (European Directives regarding Copyright and Electronic Commerce, WIPO Treaties, and all other applicable Treaties, Conventions, and Acts that Romania has joined or has acceded to).

 

Some of these provisions may not be compatible with your national law, therefore we kindly advise you to be informed about your countries regulations.

 

10. Complaints/Support

 

For any questions, doubts, complaints, suggestions regarding the website or the service offered by YTMP3.com, please contact us at the email address:[email protected]

 

Latest update: 16. 12. 2016