DataSpider™ Terms of Service

ATTENTION: THIS IS A LEGALLY BINDING CONTRACT. PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THIS AGREEMENT GOVERNS YOUR RELATIONSHIP WITH DATASPIDER AND YOUR USE OF THE SERVICES PROVIDED THROUGH THE SITE. DATASPIDER HEREBY REQUESTS YOU TO ACCEPT THESE TERMS OF SERVICE. YOU MAY USE THE SERVICES PROVIDED THROUGH THE SITE ONLY IF YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. YOUR USE OF THE SERVICE PROVIDED THROUGH THE SITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT USE THE SITE OR THE SERVICE.

These Terms of Service include the Privacy Policy located at https://www.dataspider.ai/privacy-policy.html, which is incorporated into and made a part of these Terms of Service.

Acceptance of Terms of Service

These Terms of Service ("Agreement" or "Terms of Service") are between you, an individual or entity ("you" or "User") and DataSpider ("DataSpider"), and govern your use of dataspider.ai and DataSpider-owned and/or operated and other related websites (collectively, the "Site"), products (e.g., DataSpider Helper) and services (as defined below). DataSpider provides the Site and Services, including all content, information, graphics, documents, text, products and all other items and products available through the Site and Services (collectively, the "Content"), for your use subject to the terms and conditions set forth herein. By accessing and using the Site and Services, you agree to be bound by these Terms of Service and all terms and conditions contained and/or referenced herein and any additional terms and conditions set forth on the Site.

If you do not agree to all of the terms and conditions of these Terms of Service, you must not use the Site or the Services. If you do not agree to any additional specific terms that apply to specific content or specific transactions conducted through the Site or the Services, then you must not use the portions of the Site or the Services that contain such content or engage in such transactions. In addition, when you use any current or future DataSpider services or access DataSpider websites or obtain any products or services offered by DataSpider (whether free or paid), you will be subject to the guidelines and conditions applicable to such products or services.

DataSpider may modify these Terms of Service at any time by providing notice to you by any of the following means: posting on the Site's home page, upon or after logging into your User Account (as defined below), or by email to the address you provided when setting up your user account. Your failure to provide or maintain accurate or current contact information in your user account does not relieve you of your responsibility to comply with these Terms of Service, as amended from time to time.

Please review these Terms of Service periodically to ensure that you understand all of the terms that govern your use of the Site 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, if inconsistent with these Terms of Service, supersede these Terms of Service only to the extent that their content or intent is inconsistent with these Terms of Service.

DataSpider reserves the right to change or update the content or its format at any time without notice. DataSpider also reserves the right, in its sole discretion, to terminate or restrict your access to the Site and Services, or any portion thereof, for any reason.

Description of Services

You can use our service to download videos and other files from many popular sites.

Users' Obligations

You agree to use the Site and Services only for purposes that are permitted by these Terms of Service and any laws, regulations, or generally accepted practices or guidelines in the applicable jurisdiction. DataSpider is not responsible for any violations of applicable laws, rules, or regulations by you or any third party at your request. You are responsible for ensuring that your use of the DataSpider application, website, and services does not violate any applicable laws, rules, or regulations. Specifically, you agree and warrant that in using the Site and Services, your actions will not violate any laws or rules of (1) the country, state, or locality in which you reside, or (2) the country, state, or locality in which DataSpider is located or operates or regulates. This includes compliance with applicable export and import restrictions and other restrictions.

Your Use of the Website and Services

You agree not to access (or attempt to access) the Services through any means other than those provided by DataSpider or its authorized partners. You agree not to access (or attempt to access) the Service through automated means and will not engage in any activity that interferes with or disrupts the Service (or the servers and networks connected to the Service).

Further, you agree:

• not to disrupt or interfere with any other user's enjoyment of the Website and Services or affiliated or linked sites;
• not to upload, post, or otherwise transmit through the Website and Services any viruses or other harmful, disruptive, or destructive files;
• not to use or attempt to use another user's User Account, password, or system;
• not to access or attempt to access any Content or User Content (as defined below), which you are not authorized to access under the terms herein;
• not to disrupt or interfere with the security of, or otherwise cause harm to the Website, Services, Content, User Content, system resources, accounts, passwords, servers, or networks connected to or accessible through the Website and Services or any affiliated or linked sites.

User Account

You may register for a personalized account with DataSpider (a "User Account") to access the full range of features offered by the Site and Services. By creating your user account, you agree to submit accurate, current and complete personal information and to keep this information up to date. DataSpider reserves the right to suspend or terminate the accounts of users it suspects of violating these Terms of Service and/or containing false, inaccurate, outdated or incomplete information.

When creating a user account, you will select a personal, non-transferable password. User accounts may not be "shared" or used by more than one person. Your user account will be established upon your acceptance of these Terms of Service and DataSpider's acceptance of your user account registration. You are solely responsible for any and all activities that occur under your user account, whether or not such use was authorized by you.

You may also access the Site and Services by logging in with an authorized third-party social networking account (such as a Facebook or Twitter account). By doing so, you authorize DataSpider to collect information from your third-party social networking profile and activity.

Please note that if you choose to use your Facebook account to log into our website and/or use our services, DataSpider may access all data related to your Facebook account, including, but not limited to, your friends list and photos you have posted or photos posted on Facebook, businesses and stories you "like," places you visit, etc.

The information you provide is used for the following purposes: to allow you to set up an account and user profile, which may be used to interact with other users through the Services, improve the content of the Services, customize the advertising and content you see, and communicate with you about special offers and new features. You are completely free to participate in these activities and/or purchase anything from DataSpider.

Please read our Privacy Policy at https://www.dataspider.ai/privacy-policy.html, which describes how DataSpider collects, uses, discloses, manages, and stores your personally identifiable information ("Personal Information"). You agree and understand that you are responsible for maintaining the confidentiality of all usernames and passwords associated with any user account you use to access the Site and Services. Additionally, you may not use a user account belonging to another person at any time without the permission of the account holder. DataSpider is not responsible for any harm caused by or related to the theft or misappropriation of your username, password, User Content, compromise of your username or password, or your authorization of any other person to use your username or password. However, you may be held liable for losses incurred by DataSpider, other users, or any third party due to the misappropriation and use of your user account. If you become aware of any unauthorized use of your user account, please notify DataSpider immediately at support@dataspider.ai.

User Content

User account holders may upload, store, or transmit files, videos, images, data, information, and other materials ("User Content") through the Site, the DataSpider Blog, and the Services. DataSpider does not own any User Content and will not monitor, edit, or disclose any information about you or your user account without your prior permission, except in accordance with these Terms of Service or the Privacy Policy. DataSpider also does not routinely review, censor, edit, or monitor any User Content posted, stored, or accessed by you or any other user of the Site or the Services. However, DataSpider reserves the right, in its sole discretion, but has no obligation to do so, to refuse, remove, or disable access to User Content that DataSpider believes may be unlawful or may violate these Terms of Service.

DataSpider's actions or inactions in monitoring content or conduct or enforcing any potential violations of these Terms of Service by any user (or any other third party) do not relieve DataSpider of liability for any such subsequent or similar content, conduct, or potential violations of these Terms of Service. DataSpider reserves the right to implement or fail to implement regulatory or enforcement measures in connection with the enforcement of the Terms.

DataSpider does not control, is not responsible for, and makes no representations or warranties with respect to 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 advisable investigation, inquiry, research and due diligence with respect to any User Content. You are responsible for investigating the licenses of any User Content before using it in any manner and for ensuring that your use of such User Content complies with all applicable laws, licensing requirements and does not infringe the proprietary rights of any third party. You are also responsible for any content you post or transmit and for all content that is posted or transmitted through your user account or using your account.

Content prohibited on the Website and Services includes, but is not limited to: (1) illegal content; (2) content related to the creation, promotion, distribution or receipt of illegal goods or services; (3) offensive content (including, but not limited to; defamation, threats or pornographic content); (4) content that reveals personal, confidential or proprietary information of others; (5) fraudulent content; (6) malicious content, such as malware or spyware; (7) advertising or making available content of links to requested products or services.

DataSpider Sponsored Content

From time to time, DataSpider may partner with third-party service providers who may use User Content for commercial, sponsored or related content on the Site or Services (such use is referred to as "Sponsored Content"). If your User Content (including your name, username, profile picture, content, photographs or other likeness) is used for sponsored content on the Site, DataSpider will notify you of this use and provide you with an "opt-out" option to opt out of using your User Content in such a manner. Additionally, you may choose to prevent future use of your User Content for sponsored content on the Site. If you are under eighteen (18) years of age or any other legal age of majority, you represent that at least one of your parents or legal guardians also agrees on your behalf to the terms of this Section (as well as your name, username, use of profile pictures, content, photographs or other likeness). If a minor's User Content appears in DataSpider sponsored content, the parent or legal guardian may choose to "opt out" and thereby prevent the minor's User Content from being used in the future. If you are unsure whether your User Content has been used as part of DataSpider sponsored content and would like more information, please contact us at support@dataspider.ai. DataSpider needs to verify your identity before responding to any request, so please be prepared to provide certain information, such as your username, password, or other information requested by DataSpider.

Technical Support

DataSpider provides technical support to users. To obtain technical support from DataSpider, users seeking such support should contact DataSpider at support@dataspider.ai to request such support. The user must describe the nature of the problem to be resolved and provide information about the user (name, address, etc.). DataSpider will make reasonable efforts to respond promptly to such requests. Users must cooperate with DataSpider when seeking technical support services and provide information necessary to assist DataSpider or requested by DataSpider to diagnose or resolve problems. Although DataSpider cannot guarantee that technical support issues will be resolved, DataSpider will make reasonable efforts to provide technical support services in a professional manner.

Information and Materials You Provide

Any materials, files, communications or information you submit, send or store on the Site and Services are subject to these Terms of Service and the Privacy Policy. The security of this information is very important to DataSpider.

Term and Termination

The term of these Terms of Service (the "Term") will begin when you begin using the Site or Services and will continue forever unless terminated by DataSpider or you upon written notice. DataSpider reserves the right to change, suspend or discontinue the Services, or any part thereof, at any time. Without prejudice to any other rights, these Terms of Service will automatically terminate if you fail to comply with the restrictions or other requirements set forth herein. Upon termination or expiration of these Terms of Service, you must immediately cease all use of the Site and Services, including, without limitation, any use of DataSpider's trademarks, trade names, copyrights and other intellectual property.

Upon termination of this Agreement, you are no longer authorized to use the Site or Services in any manner.

Links to Other Websites and Third Party Materials

The Site and Services may contain links to other websites and/or third party products that are not under the control of DataSpider (collectively, "Third Party Materials"). DataSpider assumes no responsibility for such Third Party Materials. DataSpider provides such links solely as a convenience to users of the Site and Services, and the inclusion of any link to any Third Party Materials does not imply endorsement by DataSpider of the content, products and/or services of such Third Party Materials. Notwithstanding anything to the contrary contained herein, nothing in these Terms of Service shall be construed as granting you any right or license with respect to such Third Party Materials or authorizing you to use such Third Party Materials.

Intellectual Property

The copyright, trademarks and all other proprietary rights in the Site, DataSpider, the Services and the Content (including, without limitation, software, services, audio, video, text and photographs, but excluding User Content) belong to DataSpider and/or its licensors. Unless otherwise expressly stated herein or authorized in writing by DataSpider, all rights not expressly granted in the Site, the Services and the Content are reserved. You agree not to copy, republish, frame, make available for download, transmit, modify, rent, lease, loan, sell, transfer, distribute, license, sublicense, reverse engineer or create derivative works based on the Content, the Site, DataSpider or Services, except in conjunction with the services provided by DataSpider through the Site.

DataSpider hereby disclaims any rights in any third party trademarks, service marks, trade names, logos, copyrights, patents, domain names or other intellectual property interests. All third party intellectual property interests referenced herein, including but not limited to any third party materials or other content available on this website, are the property of their respective owners. DataSpider disclaims any ownership rights in any intellectual property rights other than its own.

Warranty and Disclaimer

ALL CONTENT AND/OR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". DataSpider 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 SITE, SERVICES OR THE CONTENT. DataSpider DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THE SITE, SERVICES, OR CONTENT. YOU ACKNOWLEDGE THAT ANY INFORMATION SENT MAY BE INTERCEPTED IN TRANSMISSION OR OTHERWISE. DataSpider DOES NOT WARRANT THAT THE SITE, SERVICES, CONTENT, OR THE SERVERS THAT MAKE THE SITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY DataSpider ARE FREE OF VIRUSES OR ANY OTHER HARMFUL ELEMENTS. No contractor, agent, dealer, or distributor of DataSpider, or any other third party, has the authority to modify this Limited Warranty or make any additional warranty unless otherwise agreed to by DataSpider in writing.

Your use of the Site or the Services or the downloading or other use of any products through the Site is entirely at your own discretion and risk, and you agree that you will be responsible for any damage to your computer system, loss of data, or other harm that results from such activities. You assume full responsibility. DataSpider is not responsible for any computer viruses or other similar software code that may be downloaded to your computer from the Site or in connection with any service or product.

The Website and Services may contain references to certain DataSpider products and services that may not be available in certain countries. Any such reference does not imply or warrant that such products or services will 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 in this regard, your use of the Website and Services is at your own risk.

IN NO EVENT SHALL DataSpider OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION) (HOWEVER ARISING) REGARDLESS OF THEORY, WHETHER SUCH DAMAGES RESULT FROM THE USE OF OR THE INABILITY TO USE THE WEBSITE, THE WEBSITE'S SERVICES OR FROM THE CONTENT, PRODUCTS, SERVICES, STATEMENTS OR OPERATIONS OF THIRD PARTIES ON OR THROUGH THE WEBSITE AND SERVICES, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION, TRANSMISSIONS OR DATA, ANY INFORMATION SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO SAVE DATA, ANY LOSS OF DATA, LOSS OR CORRUPTION OF FILES, LOSS OR CORRUPTION OF CONTENT, ANY DELAYS OR INTERRUPTIONS IN THE SERVICES PROVIDED THROUGH THE WEBSITE, EVEN IF DataSpider HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Any cause of action against DataSpider arising out of or relating to the Site and Services must be commenced in writing and delivered to DataSpider within one (1) year after the cause of 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 you provide to DataSpider in connection with the Website, DataSpider and the Services is true, accurate, correct and current (ii) you have full power and authority to comply with these Terms of Service; (iii) you are of legal age to enter into a binding contract with DataSpider; (iv) you will seek all necessary governmental approvals to implement these Terms of Service; the Terms of Service comply with applicable laws, rules and regulations, and all obligations and (vi) the editorial, text, graphic, audio-visual and other content you provide to users of the Website and not provided by DataSpider shall not (1) infringe the intellectual property rights of third parties, (2) constitute libel, slander or obscenity, (3) create any fraud or consumer fraud, product liability, breach of a contract to which you are a party or cause harm to any third party, (4) promote violence or contain hate speech, (5) violate any law, rule, ordinance or regulation, or (6) contain adult content or promote illegal activity.

Feedback

From time to time, you may provide DataSpider with suggestions, comments or other feedback regarding any product, material, software or information provided by DataSpider ("Feedback"). You agree that all Comments are completely voluntary and will not create any obligation of confidentiality for DataSpider unless otherwise agreed. DataSpider will not disclose the source of any Feedback without informing the provider. However, DataSpider is free to disclose and use such Feedback without any obligation to you. However, the foregoing does not affect either party's obligations with respect to protected information under DataSpider's Privacy Policy posted on this Site.

Notice and Procedure for Making Claims of Copyright Infringement

It is DataSpider policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the written information specified below.

• An electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on this Website;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Notices of copyright infringements on this website may be made by sending an email to support@dataspider.ai.

Unlawful or Prohibited Use

You may not use the Site or Services for any purpose that is unlawful, prohibited by these Terms of Service, or in any manner that interferes or attempts to interfere with the proper working of the Site or Services. You may not use the Site or Services in any manner that could damage, disable, overburden, or impair the Site or Services, or interfere with any third party's use and enjoyment of the Site or Services. You agree not to use any third-party software to intercept, "scrape," or harvest information from the Site or Services. You may not obtain or attempt to obtain any materials or information through any means that DataSpider intentionally makes available to all users of the Site or Services. You may not initiate, assist, or participate in attacks on any DataSpider server or otherwise attempt to disrupt DataSpider servers. Any attempt by you to damage DataSpider servers or undermine the legitimate operations of DataSpider is a violation of criminal and civil laws, and DataSpider reserves the right to seek damages and to indemnify any user to the fullest extent permitted by law for any such attack or assistance.

Indemnification

You hereby agree to indemnify DataSpider, its affiliates, officers, directors, agents, and employees from and against any costs, losses, claims, damages, fines, penalties, or liabilities, including reasonable attorneys' fees and other professional fees payable. To the extent arising from any claim, demand, action, suit, arbitration or other proceeding (such as "supported remedies") brought by any third party, including assessments, claims or claims by governmental agencies or entities arising out of your breach of these Terms of Service, pursuant to any judgment, ruling, court order or agreement.

Privacy

DataSpider respects your privacy and the use and protection of your personal information. Please review our Privacy Policy for important information and disclosures regarding the collection and use of personal information in connection with your use of this Website.

Links to this Website

Links to this Website are permitted as long as you comply with the following rules. You may link to the home page of this Website or to any other page of this Website. However, you may not use inline links (or direct links) or frames. You may not imply that DataSpider endorses or sponsors the link creator or its website, products or services. You may not use DataSpider's intellectual property, including but not limited to trademarks, trade names and copyrights, without DataSpider's prior written permission. You also agree to remove the link at any time upon DataSpider's request.

Termination of Your Relationship with DataSpider

These Terms of Service will continue to apply until terminated by either you or DataSpider as set forth above. If you wish to terminate this legal agreement with DataSpider (these Terms of Service), you may do so at any time by notifying DataSpider in writing at support@dataspider.ai. DataSpider reserves the right to terminate these Terms of Service with you at any time upon notice, in its sole discretion, without liability to DataSpider.

You are solely responsible for canceling your user account, which you may do by contacting DataSpider at support@dataspider.ai.

Assignments

DataSpider may assign or delegate these Terms of Service, in whole or in part, at any time to any person or entity, with or without your consent. However, you may not assign or delegate any rights or obligations under these Terms of Service without DataSpider's prior written consent, and any unauthorized assignment or delegation by you will be void.

Access to the Service

DataSpider will not be liable if the Website and the Service are unavailable for any period or at any time. DataSpider makes no guarantees regarding the accessibility, performance or availability of the Website or the Service. We may temporarily suspend access to the Site and Services without notice at our sole discretion, including, but not limited to, repairs, maintenance, system failures, or for reasons beyond our control. DataSpider reserves the right to suspend operation of the Site or Services. You agree that neither DataSpider nor its third-party providers will be liable for any termination, suspension, interruption.

Force Majeure

DataSpider is not responsible for any failure, delay, error, loss of data, or other damages resulting from events or conditions beyond DataSpider's reasonable control.

Electronic Transaction Agreement

DataSpider may elect to have all transactions conducted through the Site or Services made and performed electronically. We may maintain records of any type of communication conducted through the Site or Services. All electronic records are deemed sent when the electronic record is successfully sent to the recipient and the record enters an information processing system that is not controlled by the sender or the record enters an area of the information processing system that is controlled by the recipient. All electronic records are deemed received when the record enters an information processing system designated by the recipient or used to receive the electronic record or the type of information sent and in a form in which the record can be processed by that system and from which the electronic record can be retrieved by the recipient.

Injunctive relief

You acknowledge and agree that any breach or violation of these Terms of Service may cause direct and irreparable damage and loss to DataSpider. Accordingly, DataSpider is entitled to and may, at its sole discretion, obtain immediate preliminary injunctive relief (including, without limitation, a temporary restraining order) and seek permanent injunctive relief for any breach or violation of these Terms of Service. In addition to all other remedies available to DataSpider at law or equity, DataSpider may seek specific performance of any term of these Terms of Service.

Severability

These Terms of Service shall apply to the maximum extent permitted by applicable law. If for any reason, any provision of these Terms of Service is held to be invalid or unenforceable under applicable law, then (a) such provision shall be interpreted or modified to the extent reasonably necessary to make it valid, enforceable and consistent with the original intent of such provision; (b) such invalidity or unenforceability shall not affect any other provision of this Agreement.

Miscellaneous

DataSpider assumes no responsibility or risk if the products or services provided on this website violate the national laws of any country for any reason. Persons accessing this website or services do so on their own initiative and are responsible for compliance with the laws of their country. Questions may be sent to support@dataspider.ai. The Site and Services and the accompanying products and documentation are the copyrighted property of DataSpider and/or its licensors and are protected by copyright laws and international intellectual property treaties. Any use of DataSpider™ or any third party trademarks or logos without the prior written consent of DataSpider or the applicable trademark owner is strictly prohibited.