Please read these Terms and Conditions of Use carefully before using our website (including but not limited to the following):TTkDown.com. This document statesTTkDown.com (“we”) provides you with the terms and conditions of the Services provided to you on its website (“Terms”), including but not limited to the websites listed above (collectively, the “Website”). These terms constitute a contractual agreement between you and us. By accessing, accessing, using and/or joining (collectively,"Using") this website, you agree to understand and accept these Terms. In this document, “you” or “your” means you, any entity you represent, you or its representatives, successors, assigns and affiliates, and any equipment of you or theirs. If you do not agree to be bound by these Terms, please leave this website and discontinue use.
1. Qualifications
You must be at least eighteen (18) years of age to use this website unless the legal adult age in your jurisdiction is over eighteen (18) years of age, in which case you must be at least eighteen (18) years of age in your jurisdiction. This website is not allowed to be used if prohibited by law.
Your acceptance of these Terms is that we provide you with the right to use this website in accordance with Article 2 of these Terms. You acknowledge and agree that this consideration is sufficient and that you have received the consideration.
2. Authorization for use
We grant you a non-exclusive, non-transferable and limited right to allow you to access, non-public display and use of this website on your computer or mobile device, including all content provided therein (hereinafter referred to as the"Content") (restricted by this website) on your computer or mobile device, subject to these Terms. You may access and use this website only for personal and non-commercial purposes.
We may terminate this authorization at our sole discretion without prior notice for any reason. Upon termination, we may (but have no obligation) delete or deactivate your account, (ii) block your email and/or IP address or otherwise terminate your use and ability of the Website, 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 after termination. Upon termination, your right to use the Website will be terminated, but all other parts of these Terms will be valid. You acknowledge that we are not responsible to you or any third party for termination of your authorization for use.
3. Intellectual Property
Content on the Website (excluding User Submitted Content and Third Party Content (as defined below)) but includes other text, graphic images, photos, music, videos, software, scripts and trademarks, service marks and logos (collectively,"Proprietary Materials") contained therein are owned and/or licensed to us. All proprietary materials are protected by copyright, trademark and/or other rights in applicable jurisdictional laws, including domestic, foreign and international conventions. We reserve all rights to proprietary materials.
Unless otherwise expressly permitted, you agree not to copy, modify, publish, transmit, distribute, participate in the transfer or sale of, create derivative works or utilize in all or part of the content in any other way.
4. User Submitted Content
You are solely responsible for any material you upload, submit, transmit, create, modify or otherwise provide through this website, including any sound files you create, modify, transmit or download through this website (collectively, “User Submitted Content”). User submissions are not revoked at any time. You acknowledge that the disclosure of any personal information in the content submitted by the user may make your personal identity identifiable, and we do not guarantee any confidentiality of the content submitted by the user.
You are solely responsible for all your own User Submissions and for all consequences of uploading, submitting, modifying, transmitting, creating or otherwise providing User Submissions. For all your user submissions, you acknowledge, represent and warrant that:
You own or have the necessary licenses, rights, rights or consent to use and authorize us to use all trademarks, copyrights, trade secrets or other proprietary rights in the User Submitted Content for any and all purposes envisaged in the Website and these Terms;
You will not post or allow anyone else to post any material that depicts explicit sexual behavior; and
You have obtained the written consent, authorization and/or permission of each identifiable individual in the User Submission and may use the name and/or likeness of each such identifiable individual in order to use the User Submission for any and all purposes envisaged by the Website and these Terms.
You further agree that you may not upload, submit, create, transmit, modify or otherwise provide the following:
be protected by copyright, trade secrets or trademark laws, or by proprietary rights of third parties, including privacy and disclosure rights, unless you are the owner of such rights or have obtained the express permission of the legal owner to submit the materials and grant all license rights granted here;
It is obscene, vulgar, illegal, illegal, defamatory, fraudulent, slanderous, harmful, harassing, abusive, threatening, invading the right to privacy or disclosure, hateful, racial or national offensive, inflammatory or otherwise inappropriate content at our sole discretion;
Describe illegal activities, promote or portray physical harm or damage to any group or individual, or promote or portray any act of abuse of animals;
impersonate any person or entity or otherwise misrepresent your intentions, including creating a false identity;
Constitute, encourage or provide instructions for crime, infringe on the rights of any party, or 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.
We do not claim ownership or control over User Submitted Content or Third Party Content. You or a third-party licensor (as the case may be) reserves all copyrights of the content submitted by the User and it is your responsibility to protect these rights at your discretion. You irrevocably grant us a global, non-exclusive, royalty-free, perpetual, non-cancellable, sublicensable license to reproduce, perform publicly, display, distribute, adapt, modify, publish, translate, create derivative works and otherwise utilize User Submitted Content for any purpose, including but not limited to any purpose envisaged by this Website and these Terms. You also irrevocably waive and prompt us to waive any claims and claims against us and any of our users regarding the User Submission.
You represent and warrant that you have all rights, powers and permissions required to grant users the submission of Content. Specifically, you represent and warrant that you have ownership of the User Submitted Content, that you have the right to upload, modify, access, transmit, create or otherwise provide User Submitted Content on the Website, and that uploading User Submitted Content will not infringe the rights of any other party or your contractual obligations to other parties.
You acknowledge that we may refuse to post, delete or block access to any User Submissions for any reason or no reason, whether or not to be notified.
Without limiting other indemnification terms of this Agreement, you agree to defend us from claims, demands, actions or proceedings filed by any third party against us that claim that your User Submits Content or that your use of this Website infringes or misappropriates the intellectual property rights of any third party or violates applicable laws and that you shall indemnify us of any and all damages and reasonable attorneys’ fees and other expenses incurred by us as a result of such claims, demands, actions or proceedings.
5. Website content
You understand and acknowledge that when using this website, you will be exposed to content from various sources, including other users, services, content provided by parties on this website through automatic or other means (collectively,"third party content"), and we do not control or be responsible for any third party content. You understand and acknowledge that you may be exposed to inaccurate, offensive, obscene or otherwise objectionable content, or content that may harm your computer system, and without limiting the other limitations of liability of this Agreement, you agree to waive and hereby waive any legal or fair rights or remedies you may have with respect to us.
We do not claim ownership or control over third-party content. Third parties reserve all rights to third-party content and are responsible for appropriate protection of their rights.
You understand and acknowledge that we are not responsible for any inappropriate content or conduct on the monitoring website. If we monitor such content at any time, at our sole discretion, we assume no responsibility for such content, and we have no obligation to modify or delete any such content (including User Submitted Content and Third Party Content), nor are we responsible for the actions of others who submit any such content (including User Submitted Content and Third Party Content).
Without limiting the following provisions regarding limitations of liability and disclaimers, all content on the Website (including content submitted by users and third party content) is provided to you"as is"for your reference and personal use only and you may not use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise utilize the Content for any other purpose without the prior written consent of the respective owner/licensor of the Content.
You acknowledge that we may refuse to post, delete or block access to any Content for any reason or without reason, whether or not to be notified.
6. User behavior
You represent and warrant that all information and content you provide to us are accurate and up-to-date and that you have all the necessary rights, powers and authority to (i) agree to these Terms, (ii) provide us with User Submissions, and (iii) to the actions required by these Terms to be taken.
You hereby expressly authorize us to monitor, record and record any activity you have on the Site.
As a condition for your use of this website:
You agree not to use this website for any illegal purpose or in any manner prohibited by these Terms;
You agree to comply with all applicable local, state, national and international laws and regulations;
You agree not to use this website in any way that may put us in criminal or civil liability;
You agree to be fully responsible for all actions and negligence arising from the use of this website;
You agree that all your User Submissions belong to you and that you have the right and authority to provide them to us and use them on or through the Site;
You agree not to use any automation means, including robots, crawlers or data mining tools, to download, monitor or use the data or content of the website;
You agree not to take any action that creates or may cause unreasonable or disproportionate loads (at our sole discretion) or otherwise demands too much on it;
You agree not to “track” or otherwise harass anyone on or through the Site;
You agree not to forge the title or otherwise manipulate the identifier to obscure the source of any information you transmit;
You agree not to disable, circumvent or otherwise interfere with the security-related features of this website or to prevent or restrict the use or copy of any content or to restrict the use of this website or its content;
You agree not to post, link or otherwise provide any material on the Website that contains software viruses or any computer code, files or programs designed to interfere with, disrupt, restrict or monitor any computer software or hardware or any telecommunications equipment functionality;
You agree not to license, sublicense, sell, resell, transfer, distribute, or otherwise commercially utilize or provide this website or any content to any third party;
You agree not to"frame"or"mirrors"this website; and
You agree not to reverse engineer any part of the website.
For any user who has unauthorized use of this website, we reserve the right to take appropriate action, including civil, criminal and injunctive remedies and to terminate any user's use of this website. Any use of this website and our computer systems without authorization under these Terms is a violation of these Terms and certain international, foreign and domestic criminal and civil laws.
In addition to termination of the license to use this website, any breach of this Agreement (including the provisions of this Section 6) will result in a penalty of $10,000 ($10,000) per breach. If your breach results in legal action (whether either against you or us) or causes physical or mental harm to either party, you will be subject to a penalty of $150,000 ($150,000) per breach. We may, at our sole discretion, transfer any claim for such damages or a portion of it to a third party who has been treated unfairly due to your conduct. These liquidated damages provisions are not punishments, but an attempt by both parties to reasonably determine the actual amount of damage that such breach may result. You acknowledge and agree that the amount of these liquidated damages is a minimum and that if the actual damages are higher, you shall bear the liability for the higher amount. If a court of competent jurisdiction finds these liquidated damages unenforceable to any extent, the liquidated damages shall only be reduced to the necessary extent for the purpose of enforceability.
7. Website Services
You acknowledge that this website is a universal search engine and tool. Specifically, but not limited to, this website allows you to search for music on multiple websites. Additionally, this website is a universal tool that allows you to download audio files from videos and audio from other places on the Internet. This website can only be used according to law. We discourage, condone, induce or allow any use of the website that may violate any law.
We do not store any user-submitted content for more than a short period of time so that users have the opportunity to download their content.
8. Fees
You acknowledge that we reserve the right to charge some or all of the Services and to change the fees at your own discretion at any time. If we terminate your right to use the website due to your breach of these Terms, you are not entitled to refund any portion of the fees. In all other respects, such fees shall be subject to additional rules, terms, conditions or agreements published on this website and/or any sales agent or payment processing company imposed by, and such rules, terms, conditions or agreements may be amended from time to time.
9. Privacy Policy
We reserve a separate Privacy Policy By agreeing to these Terms, you agree to the Privacy Policy. We reserve the amendment of the Privacy Policy to terminate this Agreement at any time by posting such amendments on the Website. We will not give you any other notice regarding any revisions. By continuing to use this website after revision, you accept such revisions, whether or not you actually read the revisions.
10. Copyright Statement
We respect the intellectual property rights of others. You may not infringe on any party's copyright, trademark or other proprietary information rights. We may, at our sole discretion, delete any content that we reasonably believe in infringement of the intellectual property rights of others and we may terminate your use of the website if you submit any such content.
Repeat infringer policy. As part of our repeated infringement policy, any user's material will be terminated if three complaints from us have received by us in good faith and validity within six consecutive months.
Although we are not bound by U.S. law, we voluntarily comply with the Digital Millennium Copyright Act. In accordance with the provisions of Chapter 17, Section 512(c)(2), we have appointed an agent to receive alleged copyright infringement notices if you believe this website infringes any of your copyrighted materials. Notifications should be emailed to contact@TTKDown.com.
All notices that are not related to us or are invalid under the law will not receive any response or action. Valid infringement claims notices must be sent in writing to our agents, which mainly include the following:
Identify copyrighted works that are believed to have been infringed. Please describe the work and, where possible, attach the location (such as the URL);
Identify the material considered infringing and its location, or for search results, identify references or links to the material or activity claimed to be infringing. Please describe the material and provide a URL or any other relevant information so that we can find the material on the website or on the Internet;
Enable us to contact you, including your address, phone number and, if any, your email address;
A statement that shows that you have good faith that the use of the complained material is not authorized by you, your agent or law;
a statement that the information in the notice is accurate and that you are the owner of the alleged infringement work or are authorized to act on behalf of the owner; and
Physical or electronic signature of the copyright owner or authorized representative.
If your user submissions or search results on the website are deleted based on notices claiming copyright infringement, you may provide us with a counter notice that must be communicated in writing to the agents listed above and satisfy us, including mainly the following:
Your physical or electronic signature;
The identification of the material that has been deleted or prohibited from access and where the material appeared before it was deleted or prohibited from access;
A statement that you have a good faith belief that the material was deleted or disabled due to errors or false identification of the material to be deleted or disabled;
Your name, address, phone number, email address and a statement indicating that you agree to the jurisdiction of the address you provide, Anguilla and the so-called court where the copyright owner is located; and
A statement that you will accept delivery services from the so-called copyright owner or his agent.
11. Modification of these Terms
We reserve the right to modify these Terms at any time and post the revised Terms to the Website. We will not give you any other notice regarding any modifications. You acknowledge that if you continue to use this website after modification, you agree that you accept such modifications, whether or not you actually read them.
12. Compensation and exemption
You hereby agree to indemnify us and hold us harmless from any and all damages and third-party claims and expenses (including attorneys’ fees) arising from your use of the website and/or your breach of these Terms.
If you have a dispute with one or more other users or any third party, you hereby disclaim us, our officers, employees, agents and successors of any kind or nature known and unknown, doubtful and undoubted, disclosed and undisclosed claims, demands and damages (actually and indirectly) of any kind or nature arising out of or relating to such disputes and/or this website.
13. Disclaimer and Limitation of Liability
Please read this section carefully as it limits our liability to the maximum extent permitted by applicable law (but not further limits).
This website may contain links independent of our third-party websites. We assume no responsibility for the content, privacy policies or practices of third-party websites, and make no representations or warranties regarding the accuracy, completeness or authenticity of the information contained on third-party websites. We do not have the right or ability to edit the content of any third-party website. You acknowledge that we are not responsible for any and all liability arising from your use of any third-party website.
This website is provided “as is” without any warranty or conditions, express, implied or statutory. We expressly disclaim any implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy of information, integration, interoperability or quiet enjoyment. We do not provide any warranty regarding viruses or other harmful components related to the Website. Disclaimers are not permitted in certain jurisdictions, so in these jurisdictions, some of the above disclaimers may not apply to you or are limited to the extent relating to such implied warranties.
In no event will we be liable for direct, indirect, incidental, special, consequential or imposing damages (even if we have been advised of the possibility of such damages) arising from any aspect of your use of the website, whether such damages are caused by (but not limited to) (i) your use, misuse or inability to use the website, (ii) your reliance on any content on this website, (iii) your interruption, suspension, modification, change or complete suspension of this website, or (iv) our termination of the service. These limitations also apply to damages arising from other services or products provided or promoted by this website. Certain jurisdictions do not allow certain limitations of liability, and therefore, in these jurisdictions, some of the above limitations may not apply to you or be restricted.
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 you may obtain from using the website will be accurate or reliable, (iv) the quality of any products, services, information, content or other materials obtained through the website will meet your requirements or expectations, or (v) any errors in the content will be corrected.
Any content obtained through the use of this website is at your sole discretion and at your risk. You are solely responsible for any damage to your computer system or other equipment or loss of data resulting from this content.
If you are not satisfied with this website or have any other dissatisfaction with this website, your only and exclusive right and remedy is to terminate your use of this website. Without limiting the above terms, in no event shall we assume the maximum liability of ours arising out of or in connection with your use of this website than $100.
14. Legal disputes
To the maximum extent permitted by law, these Terms and any claims, causes of action or disputes that may arise between you and us are governed by the laws of Anguilla without regard to the conflict of law provisions. For any claim you make against us, you agree to accept personal and exclusive jurisdiction of the Court of Anguilla and exclusive place of trial. For any claim we make against you, you agree to accept personal jurisdiction and place of trial in Anguilla and the courts in any other place where you are. You hereby waive your right to seek other places of trial for inappropriate or inconvenient courts.
You agree that you can only file a claim in your personal capacity and not in any so-called collective or representative plaintiff or class member in the lawsuit.
You hereby agree that, as part of your consideration of these Terms, you hereby waive the right of jury trial for any dispute between us arising from or relating to these Terms or this Website. These Terms are enforceable even if any arbitration clause or any other clause in this section is waived.
15. General Terms
These Terms, as amended from time to time, constitute the entire agreement between you and us and supersedes all previous agreements between you and us and may not be modified without our written consent.
Our failure to enforce any provision of these Terms shall not be deemed to be a waiver of any provision or right.
If any part of these Terms is found invalid or unenforceable under applicable law, the invalid and unenforceable terms will be deemed to be superseded by a valid, enforceable clause that best matches the intention of the original terms, and the remainder of the Agreement will remain in effect.
Nothing in this article is intended and will not be deemed to confer any rights or remedies to any third party.
You may not assign, transfer or sublicense these Terms unless we have prior written consent, but we may assign or transfer these Terms without restriction.
You agree that we may provide you with notifications by email, public letter or website posting.
The titles of the chapters in these Terms are for convenience only and are not legal or contractual.
In these Terms, the term"including"is illustrative and not restrictive.
If this Agreement is translated and executed in any language other than English, and there is any conflict between the translation and the English version, the English version shall prevail.
