Website Terms of Use
Version 1.0
The YouTube Tag Extractor website located at techalpo.com is a copyrighted work
belonging to YouTube Tag Extractor. Certain features of the Site may be subject to additional
guidelines, terms, or rules, which will be posted on the Site in connection with such features.
All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
These Terms of Use described the legally binding terms and conditions that oversee your use of
the Site. BY LOGGING INTO THE SITE, YOU ARE BEING COMPLIANT THAT THESE TERMS and you represent
that you have the authority and capacity to enter into these Terms. YOU SHOULD BE AT LEAST 18
YEARS OF AGE TO ACCESS THE SITE. IF YOU DISAGREE WITH ALL OF THE PROVISION OF THESE TERMS, DO
NOT LOG INTO AND/OR USE THE SITE.
These terms require the use of arbitration Section 10.2 on an individual basis to resolve
disputes and also limit the remedies available to you in the event of a dispute. These Terms of
Use were created with the help of the Terms Of Use
Generator.
Access to the Site
Subject to these Terms. Company grants you a non-transferable, non-exclusive,
revocable, limited license to access the Site solely for your own personal, noncommercial use.
Certain Restrictions. The rights approved to you in these Terms are subject to
the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute,
host, or otherwise commercially exploit the Site; (b) you shall not change, make derivative
works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall
not access the Site in order to build a similar or competitive website; and (d) except as
expressly stated herein, no part of the Site may be copied, reproduced, distributed,
republished, downloaded, displayed, posted or transmitted in any form or by any means unless
otherwise indicated, any future release, update, or other addition to functionality of the Site
shall be subject to these Terms. All copyright and other proprietary notices on the Site must
be retained on all copies thereof.
Company reserves the right to change, suspend, or cease the Site with or without notice to you.
You approved that Company will not be held liable to you or any third-party for any change,
interruption, or termination of the Site or any part.
No Support or Maintenance. You agree that Company will have no obligation to
provide you with any support in connection with the Site.
Excluding any User Content that you may provide, you are aware that all the intellectual property
rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its
content are owned by Company or Company’s suppliers. Note that these Terms and access to the
Site do not give you any rights, title or interest in or to any intellectual property rights,
except for the limited access rights expressed in Section 2.1. Company and its suppliers reserve
all rights not granted in these Terms.
Third-Party Links & Ads; Other Users
Third-Party Links & Ads. The Site may contain links to third-party websites and
services, and/or display advertisements for third-parties. Such Third-Party Links & Ads are not
under the control of Company, and Company is not responsible for any Third-Party Links & Ads.
Company provides access to these Third-Party Links & Ads only as a convenience to you, and does
not review, approve, monitor, endorse, warrant, or make any representations with respect to
Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply
a suitable level of caution and discretion in doing so. When you click on any of the Third-Party
Links & Ads, the applicable third party’s terms and policies apply, including the third party’s
privacy and data gathering practices.
Other Users. Each Site user is solely responsible for any and all of its own
User Content. Because we do not control User Content, you acknowledge and agree that we are not
responsible for any User Content, whether provided by you or by others. You agree that Company
will not be responsible for any loss or damage incurred as the result of any such interactions.
If there is a dispute between you and any Site user, we are under no obligation to become
involved.
You hereby release and forever discharge the Company and our officers, employees, agents,
successors, and assigns from, and hereby waive and relinquish, each and every past, present and
future dispute, claim, controversy, demand, right, obligation, liability, action and cause of
action of every kind and nature, that has arisen or arises directly or indirectly out of, or
that relates directly or indirectly to, the Site. If you are a California resident, you hereby
waive California civil code section 1542 in connection with the foregoing, which states: "a
general release does not extend to claims which the creditor does not know or suspect to exist
in his or her favor at the time of executing the release, which if known by him or her must have
materially affected his or her settlement with the debtor."
Google DoubleClick DART Cookie. Google is one of a third-party vendor on our
site. It also uses cookies, known as DART cookies, to serve ads to our site visitors based upon
their visit to www.website.com and other sites on the internet. However, visitors may choose to
decline the use of DART cookies by visiting the Google ad and content network Privacy Policy at
the following URL – https://policies.google.com/technologies/ads
Our Advertising Partners. Some of advertisers on our site may use cookies and
web beacons. Our advertising partners are listed below. Each of our advertising partners has
their own Privacy Policy for their policies on user data. For easier access, we hyperlinked to
their Privacy Policies below.
Disclaimers
The site is provided on an "as-is" and "as available" basis, and company and our suppliers
expressly disclaim any and all warranties and conditions of any kind, whether express, implied,
or statutory, including all warranties or conditions of merchantability, fitness for a
particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We and our suppliers
make not guarantee that the site will meet your requirements, will be available on an
uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of
viruses or other harmful code, complete, legal, or safe. If applicable law requires any
warranties with respect to the site, all such warranties are limited in duration to ninety (90)
days from the date of first use.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may
not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty
lasts, so the above limitation may not apply to you.
Limitation on Liability
To the maximum extent permitted by law, in no event shall company or our suppliers be liable to
you or any third-party for any lost profits, lost data, costs of procurement of substitute
products, or any indirect, consequential, exemplary, incidental, special or punitive damages
arising from or relating to these terms or your use of, or incapability to use the site even if
company has been advised of the possibility of such damages. Access to and use of the site is
at your own discretion and risk, and you will be solely responsible for any damage to your
device or computer system, or loss of data resulting therefrom.
To the maximum extent permitted by law, notwithstanding anything to the contrary contained
herein, our liability to you for any damages arising from or related to this agreement, will at
all times be limited to a maximum of fifty U.S. dollars (u.s. $50). The existence of more than
one claim will not enlarge this limit. You agree that our suppliers will have no liability of
any kind arising from or relating to this agreement.
Some jurisdictions 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.
Term and Termination. Subject to this Section, these Terms will remain in full
force and effect while you use the Site. We may suspend or terminate your rights to use the
Site at any time for any reason at our sole discretion, including for any use of the Site in
violation of these Terms. Upon termination of your rights under these Terms, your Account and
right to access and use the Site will terminate immediately. You understand that any
termination of your Account may involve deletion of your User Content associated with your
Account from our live databases. Company will not have any liability whatsoever to you for any
termination of your rights under these Terms. Even after your rights under these Terms are
terminated, the following provisions of these Terms will remain in effect: Sections 2 through
2.5, Section 3 and Sections 4 through 10.
Copyright Policy.
Company respects the intellectual property of others and asks that users of our Site do the
same. In connection with our Site, we have adopted and implemented a policy respecting
copyright law that provides for the removal of any infringing materials and for the termination
of users of our online Site who are repeated infringers of intellectual property rights,
including copyrights. If you believe that one of our users is, through the use of our Site,
unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing
material removed, the following information in the form of a written notification (pursuant to
17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
- your physical or electronic signature;
- identification of the copyrighted work(s) that you claim to have been infringed;
- identification of the material on our services that you claim is infringing and that you
request us to remove;
- sufficient information to permit us to locate such material;
- your address, telephone number, and e-mail address;
- a statement that you have a good faith belief that use of the objectionable material is not
authorized by the copyright owner, its agent, or under the law; and
- a statement that the information in the notification is accurate, and under penalty of
perjury, that you are either the owner of the copyright that has allegedly been infringed or
that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a
written notification automatically subjects the complaining party to liability for any damages,
costs and attorney’s fees incurred by us in connection with the written notification and
allegation of copyright infringement.
General
These Terms are subject to occasional revision, and if we make any substantial changes, we may
notify you by sending you an e-mail to the last e-mail address you provided to us and/or by
prominently posting notice of the changes on our Site. You are responsible for providing us
with your most current e-mail address. In the event that the last e-mail address that you have
provided us is not valid our dispatch of the e-mail containing such notice will nonetheless
constitute effective notice of the changes described in the notice. Any changes to these Terms
will be effective upon the earliest of thirty (30) calendar days following our dispatch of an
e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes
on our Site. These changes will be effective immediately for new users of our Site. Continued
use of our Site following notice of such changes shall indicate your acknowledgement of such
changes and agreement to be bound by the terms and conditions of such changes.
Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your
contract with Company and affects your rights. It contains procedures for MANDATORY BINDING
ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement. All claims and disputes in connection
with the Terms or the use of any product or service provided by the Company that cannot be
resolved informally or in small claims court shall be resolved by binding arbitration on an
individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all
arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and
the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest,
successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of
services or goods provided under the Terms.
Notice Requirement and Informal Dispute Resolution. Before either party may seek
arbitration, the party must first send to the other party a written Notice of Dispute describing
the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company
should be sent to: C 102. After the Notice is received, you and the Company may attempt to
resolve the claim or dispute informally. If you and the Company do not resolve the claim or
dispute within thirty (30) days after the Notice is received, either party may begin an
arbitration proceeding. The amount of any settlement offer made by any party may not be
disclosed to the arbitrator until after the arbitrator has determined the amount of the award to
which either party is entitled.
Arbitration Rules. Arbitration shall be initiated through the American
Arbitration Association, an established alternative dispute resolution provider that offers
arbitration as set forth in this section. If AAA is not available to arbitrate, the parties
shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern
all aspects of the arbitration except to the extent such rules are in conflict with the Terms.
The AAA Consumer Arbitration Rules governing the arbitration are available online at adr.org or
by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral
arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten
Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based
arbitration, at the option of the party seeking relief. For claims or disputes where the total
amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a
hearing will be determined by the Arbitration Rules. Any hearing will be held in a location
within 100 miles of your residence, unless you reside outside of the United States, and unless
the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the
parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the
award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the
arbitrator grants you an award that is greater than the last settlement offer that the Company
made to you prior to the initiation of arbitration, the Company will pay you the greater of the
award or $2,500.00. Each party shall bear its own costs and disbursements arising out of the
arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
Additional Rules for Non-Appearance Based Arbitration. If non-appearance based
arbitration is elected, the arbitration shall be conducted by telephone, online and/or based
solely on written submissions; the specific manner shall be chosen by the party initiating the
arbitration. The arbitration shall not involve any personal appearance by the parties or
witnesses unless otherwise agreed by the parties.
Time Limits. If you or the Company pursues arbitration, the arbitration action
must be initiated and/or demanded within the statute of limitations and within any deadline
imposed under the AAA Rules for the pertinent claim.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide
the rights and liabilities of you and the Company, and the dispute will not be consolidated with
any other matters or joined with any other cases or parties. The arbitrator shall have the
authority to grant motions dispositive of all or part of any claim. The arbitrator shall have
the authority to award monetary damages, and to grant any non-monetary remedy or relief
available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator
shall issue a written award and statement of decision describing the essential findings and
conclusions on which the award is based. The arbitrator has the same authority to award relief
on an individual basis that a judge in a court of law would have. The award of the arbitrator
is final and binding upon you and the Company.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND
STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing
that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement.
Arbitration procedures are typically more limited, more efficient and less expensive than rules
applicable in a court and are subject to very limited review by a court. In the event any
litigation should arise between you and the Company in any state or federal court in a suit to
vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A
JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. All claims and disputes within the
scope of this arbitration agreement must be arbitrated or litigated on an individual basis and
not on a class basis, and claims of more than one customer or user cannot be arbitrated or
litigated jointly or consolidated with those of any other customer or user.
Confidentiality. All aspects of the arbitration proceeding shall be strictly
confidential. The parties agree to maintain confidentiality unless otherwise required by law.
This paragraph shall not prevent a party from submitting to a court of law any information
necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or
equitable relief.
Severability. If any part or parts of this Arbitration Agreement are found under
the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific
part or parts shall be of no force and effect and shall be severed and the remainder of the
Agreement shall continue in full force and effect.
Right to Waive. Any or all of the rights and limitations set forth in this
Arbitration Agreement may be waived by the party against whom the claim is asserted. Such
waiver shall not waive or affect any other portion of this Arbitration Agreement.
Survival of Agreement. This Arbitration Agreement will survive the termination
of your relationship with Company.
Small Claims Court. Nonetheless the foregoing, either you or the Company may
bring an individual action in small claims court.
Emergency Equitable Relief. Anyhow the foregoing, either party may seek
emergency equitable relief before a state or federal court in order to maintain the status quo
pending arbitration. A request for interim measures shall not be deemed a waiver of any other
rights or obligations under this Arbitration Agreement.
Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of
defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation
of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this
Arbitration Agreement.
In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in
court, the parties hereby agree to submit to the personal jurisdiction of the courts located
within Netherlands County, California, for such purposes.
The Site may be subject to U.S. export control laws and may be subject to export or import
regulations in other countries. You agree not to export, re-export, or transfer, directly or
indirectly, any U.S. technical data acquired from Company, or any products utilizing such data,
in violation of the United States export laws or regulations.
Company is located at the address in Section 10.8. If you are a California resident, you may
report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the
California Department of Consumer Affairs by contacting them in writing at 400 R Street,
Sacramento, CA 95814, or by telephone at (800) 952-5210.
Electronic Communications. The communications between you and Company use
electronic means, whether you use the Site or send us emails, or whether Company posts notices
on the Site or communicates with you via email. For contractual purposes, you (a) consent to
receive communications from Company in an electronic form; and (b) agree that all terms and
conditions, agreements, notices, disclosures, and other communications that Company provides to
you electronically satisfy any legal obligation that such communications would satisfy if it
were be in a hard copy writing.
Entire Terms. These Terms constitute the entire agreement between you and us
regarding the use of the Site. Our failure to exercise or enforce any right or provision of
these Terms shall not operate as a waiver of such right or provision. The section titles in
these Terms are for convenience only and have no legal or contractual effect. The word
"including" means "including without limitation". If any provision of these Terms is held to be
invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid
or unenforceable provision will be deemed modified so that it is valid and enforceable to the
maximum extent permitted by law. Your relationship to Company is that of an independent
contractor, and neither party is an agent or partner of the other. These Terms, and your rights
and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred
by you without Company’s prior written consent, and any attempted assignment, subcontract,
delegation, or transfer in violation of the foregoing will be null and void. Company may freely
assign these Terms. The terms and conditions set forth in these Terms shall be binding upon
assignees.
Your Privacy. Please read our Privacy Policy.
Copyright/Trademark Information. Copyright ©. All rights reserved. All
trademarks, logos and service marks displayed on the Site are our property or the property of
other third-parties. You are not permitted to use these Marks without our prior written consent
or the consent of such third party which may own the Marks.
Contact Information
Address: C 102
Email: info@techalpo.com