Last Revised On: April 12, 2021
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
- When we say “we”, “our”, "PintoWebPlayer", or “us” in this document, we are referring to the folks at PintoWebPlayer.com.
- When we say "services", "Services" we are referring to any product created and maintained by PintoWebPlayer.com (that includes our website, content hosted on our websites (unless otherwise specified), our online services, our PintoWebPlayer software and any other future applications developed by us). This includes our softwares available for download from partner download/mirror websites (containing link back to our Terms of services (the "General Terms")). When we say "Content" we mean any content (text, HTML, images, pdfs, videos, audios, binaries, files) hosted on PintoWebPlayer, or included in any of our Services.
- When we say "you", "customer", "user", "buyer", we are referring to a person using our services (or any agent, employee, servant or person authorized to act on Your behalf).
By accepting this agreement or by installing/using PintoWebPlayer software offered by PintoWebPlayer (the "Software"), you agree to the following terms, notwithstanding anything to the contrary in this agreement. If you do not agree with any term or condition, do not download, order, open, install or use the Software or product package.
Subject to your compliance with the terms and conditions defined in this document (EULA), and in the PintoWebPlayer's Terms of Services, we grant you a royalty-free, non-exclusive, non-transferable license, without right to sub-license, to use the Software, solely for your personal, non commercial purposes.
Some part of the Software uses third party binaries/libraries (most notably FFmpeg, youtube-dl) (collectively the "Third Party Softwares"). For the list and their licenses please check Third Party Licenses.
These Third Party Softwares are bundled as a matter of convenience to you, and we do not claim any kind of ownership on those Third Party Softwares, which, notwithstanding anything to the contrary, are licensed to you under those respective licenses and not under the license from PintoWebPlayer. We reserve all rights in the Software (excluding the Third Party Software) not expressly granted to you here.
- The ui, design, structure, source code, of the Software (excluding Third Party Softwares) are trade secrets. You will not reverse engineer it, in whole or in part, except to the extent expressly permitted by law. Nor can you create any derivative works or other works that are based upon or derived from PintoWebPlayer in whole or in part.
- You will not use the Software for illegal purposes.
- You will not use the Software for restricted usages outlined in our Terms of Services (Section F).
- You will not distribute it to others.
- You will comply with all export laws.
- The Software is licensed, not sold.
- Premium license of PintoWebPlayer app allow you to install it on up-to 3 computers (all of these installations must be used by only you personally). You shall not give away, or share your premium license with other users.
- PintoWebPlayer and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only.
- If any person other than yourself uses PintoWebPlayer premium license registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not attempt to, modify, reverse engineer, disassemble or decompile PintoWebPlayer. Nor can you create any derivative works or other works that are based upon or derived from PintoWebPlayer in whole or in part.
We retain sole and exclusive ownership of all right, title and interest in and to PintoWebPlayer and all Intellectual Property rights relating thereto (excluding Third Party Softwares).
Copyright law and international copyright treaty provisions protect all parts of PintoWebPlayer , products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for PintoWebPlayer.
Limitation of Responsibility
You will indemnify, hold harmless, and defend PintoWebPlayer , its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of PintoWebPlayer's Software.
In no event (including, without limitation, in the event of negligence) will PintoWebPlayer , its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, PintoWebPlayer or the use or inability to use PintoWebPlayer or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
PintoWebPlayer's entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by PintoWebPlayer ) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to PintoWebPlayer.
Except as expressly stated in writing, PintoWebPlayer makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
This Agreement shall be governed by the law of the India applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of India therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
The software may periodically check for updates and download and install them for you. You may obtain updates only from PintoWebPlayer or authorized sources. PintoWebPlayer may need to update your system to provide you with updates. You agree to receive these automatic updates without any additional notice. Updates may not include or support all existing software features, services, or peripheral devices.
Feedback and Feature Requests
- Through our Services, we allow users to provide us feedbacks (letting us know how our Services are doing, and whether they like it or not), and request new features (features that they would like us to develop and provide in the Services), (collectively the "UserFeedback")
- You have no obligation to provide us with UserFeedback, but if you do provide UserFeedback, you hereby grant us a nonexclusive, royalty-free, fully paid-up, perpetual, irrevocable, transferable, unlimited license under all of your Intellectual Property Rights to use and otherwise exploit your UserFeedback for any purpose throughout the universe. Further, by submitting UserFeedback, you represent and warrant that (i) your UserFeedback does not contain the confidential or proprietary information of you or of third parties; (ii) We are not under any obligation of confidentiality, express or implied, with respect to the UserFeedback; (iii) We may have something similar to the UserFeedback already under consideration or in development; and (iv) you are not entitled to any compensation or reimbursement of any kind from us for the UserFeedback under any circumstances.
- The Terms will continue to apply until terminated by either you or us.
- If you want to terminate this agreement, you may do so by:
- uninstalling all our Softwares
- discontinuing the use of Services permanently
- canceling any premium software by emailing us at email@example.com (With the email id with which you purchased the premium software).
- We may at any time terminated the Terms with you if:
- You breached any provision of the Terms
- We are required to do so by law
- We have elected to discontinue the Services
- You agree that all terminations for cause shall be made in our's sole discretion. And we will not be liable to you or anyone else for any such termination.
- Upon termination of Terms you shall promptly discontinue the use of Services
Disclaimer of warranties
You expressly understand and agree that, to the maximum extent permitted by applicable law:
- The Site, Services and Content are provided by PintoWebPlayer “as is,” without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. without limiting the foregoing, PintoWebPlayer makes no warranty that (i) the Site, Services and Content will meet your requirements or will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the Site, Services and Content will be effective, accurate or reliable; (iii) the quality of the Site, Services and Content will meet your expectations; or that (iv) any errors or defects in the Site, Services and Content will be corrected. no advice or information, whether oral or written, obtained by you from PintoWebPlayer or through or from use of the services shall create any warranty not expressly stated in the terms.
- PintoWebPlayer specifically disclaims any liability with regard to any actions resulting from your use of or participation in any Services and your use of Content. any Content downloaded or otherwise obtained through use of the Services is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such Content. PintoWebPlayer assumes no liability for any computer virus or similar code that is downloaded to your computer from any of the Services.
- PintoWebPlayer does not control, endorse or accept responsibility for any Content or services offered by third parties accessible through linked sites. PintoWebPlayer makes no representations or warranties whatsoever about, and shall not be liable for, any such third parties, their content or services. any dealings that you may have with such third parties are at your own risk.
- Managers, hosts, participants, moderators and other third parties are not authorized PintoWebPlayer spokespersons, and their views do not necessarily reflect those of PintoWebPlayer. to the maximum extent permitted by applicable law, PintoWebPlayer will have no liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. PintoWebPlayer also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content.
- PintoWebPlayer will not be liable for any loss that you may incur as a result of someone else using your password or account or account information in connection with the Site, Services and Content either with or without your knowledge.
- Some jurisdictions do not allow the exclusion of certain warranties, the limitation or exclusion of implied warranties, or limitations on how long an implied warranty may last, so the above limitations may not apply to you.
Limitations of Liability
- In no event shall PintoWebPlayer, its officers, directors, employees, partners or suppliers be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or if PintoWebPlayer has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of or access to the site, services or materials. Nothing in the terms shall limit or exclude PintoWebPlayer's liability for gross negligence or intentional misconduct of PintoWebPlayer or its employees, or for death or personal injury.
- PintoWebPlayer's aggregate liability and that of its affiliates and suppliers under or in connection with this agreement shall be limited to one hundred Indian rupee (INR 100) or the aggregate amount paid by you for access to the service, whichever is larger. This limitation will apply even if PintoWebPlayer has been advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy.
- The limitations and exclusions in this section apply to the maximum extent permitted by applicable law in your jurisdiction. Some jurisdictions prohibit the exclusion or limitation of liability for incidental, consequential or punitive damages. Accordingly, the limitations and exclusions set forth above may not apply to you.
Indemnity and Liability
You agree to indemnify and hold PintoWebPlayer and its subsidiaries, affiliates, officers, agents, employees, co-branders or other partners, and licensors harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your use of the Services or Content, your connection to the Services or Content, the actions of any member of your group, your access to or use of Linked Sites and your connections therewith, any claim that Your Content caused damage to a third party, any dealings between you and any third parties advertising or promoting via the Services or Content, your violation of the Terms, or your violation of any rights of another, including any Intellectual Property Rights.
CONSENT OF USE OF DATA