PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THIS AGREEMENT GOVERNS YOUR RELATIONSHIP WITH FbDown AND USE OF THE SERVICES PROVIDED THROUGH THE WEBSITE. FbDown HEREBY REQUESTS THAT YOU ACCEPT THESE TERMS OF SERVICE. YOU MAY USE THE SERVICES PROVIDED THROUGH THE WEBSITE ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. USING THE SERVICES PROVIDED THROUGH THE WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, DO NOT USE THE WEBSITE OR SERVICES.
Acceptance of Terms of Service
These Terms of Service (the “Agreement” or “Terms of Service”) is a legally binding agreement between you, either an individual or an entity (“you” or “user”) and FbDown (“FD”) regarding the use of FbDown.com and other related websites owned and/or operated by FbDown (together, the “Website”) and Services, as defined below. FbDown makes Website, and Services, including all content, information, graphics, documents, text, products, and all other elements and products offered through the Website and Services (collectively, the “Content”) available for your use subject to the terms and conditions set forth in this document. By accessing and using the Website and Services you agree to be bound by and to accept these Terms of Service and all terms and conditions contained and/or referenced herein as well as any additional terms and conditions set forth on the Website.
If you do NOT agree to all the terms and conditions in these Terms of Service, you should NOT use the Website or Services. If you do NOT agree to any additional specific terms which apply to particular Content or to a particular transaction concluded through the Website or Services, then you should NOT use the part of the Website or Services which contains such Content or through which such transactions are concluded. Also, when you use any current or future FbDown service or visit FbDown’s Website or obtain any products or services, whether free of charge or for payment, provided by FbDown, you will be subject to the guidelines and conditions applicable to such products or services.
These Terms of Service may be amended by FbDown at any time upon notice provided by any of the following means: through a posting on the main page of the Website, at or after you login into your User Account (as defined below), or by e-mail to the address you provided when you set up your User Account. Your failure to provide or maintain accurate or current contact information in your User Account will not obviate your responsibility to comply with these Terms of Service as amended from time to time.
Please check these Terms of Service regularly to ensure that you are aware of all terms governing your use of the Website 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, where inconsistent with these Terms of Service such specific terms will supersede these Terms of Service only to the extent that the content or intent of such specific terms is inconsistent with these Terms of Service.
FbDown reserves the right to make changes or updates with respect the Content or the format thereof at any time without notice. FbDown also reserves the right to terminate or restrict your access to the Website and Services or any portion thereof for any reason whatsoever at its sole discretion.
Description of Services
You can use our service to download videos and other files from many popular sites.
You agree to use the Website and Services only for purposes permitted by these Terms of Service as well as any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. FbDown IS NOT RESPONSIBLE FOR ANY VIOLATION OF APPLICABLE LAWS, RULES, OR REGULATIONS COMMITTED BY YOU OR A THIRD PARTY AT YOUR BEHEST. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOUR USE OF THE FbDown APPLICATION, WEBSITE, AND SERVICES DOES NOT CONTRAVENE APPLICABLE LAWS, RULES, OR REGULATIONS. Specifically, you agree and warrant that in using the Website and Services, your actions do not contravene the laws, rules, or regulations of (1) the country, state, or locality where you reside, or (2) the country, state, or locality where FbDown is located or operates. This includes complying with applicable export and import restrictions as well as other restrictions.
Your Use of the Website and Services
You agree not to access (or attempt to access) the Services by any means other than through the means provided by FbDown or its authorized partners. You agree not to access (or attempt to access) the Services by way of automated means and that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
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.
You may sign up for a personalized account (“User Account”) with FbDown in order to access the full range of features offered by the Website and Services. In creating your User Account, you agree to submit accurate, current and complete information about yourself and keep this information updated. FbDown reserves the right to suspend or terminate User Accounts which it suspects are used in contradiction to these Terms of Service and/or contain information that is untrue, inaccurate, not current or incomplete.
When you create your User Account, you will choose a personal, non-transferable password. User Accounts may not be “shared” or used by more than one individual. After you accept these Terms of Service and your User Account registration has been accepted by FbDown, your User Account will be established. 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 Website, and Service by logging in using an authorized third party social network account, such as a Facebook or Twitter account. By doing so, you authorize FbDown to collect your personal profile and activity information from that third party social network.
Please note that if you opt to use your Facebook account to login to our Website and/or use our Services, FbDown is able to access all of your data in connection with your Facebook account, including, without limitation your friend’s list, pictures you posted or those posted of you on Facebook, businesses and stories you “liked”, places you visited, etc.
This information you provide is used for such purposes as allowing you to set up a User Account and profile that can be used to interact with other users through the Service, improving the content of the Service, customizing the advertising and content you see, and communicating with you about specials and new features. It is completely optional for you to engage in these activities and/or make any purchases from FbDown.
FbDown does not control, is not responsible for, and makes no representations or warranties with respect to any 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 judicious investigation, inquiry, research, and due diligence with respect to any User Content. It your responsibility to investigate the licensing of any User Content prior to using such User Content in any way and to ensure that your use of any such User Content complies with all applicable laws, licensing requirements and does not infringe third parties’ proprietary rights. You are also responsible for any content that you post or transmit as well as all content posted or transmitted through or by use of your User Account.
Content prohibited from the Website and Services include but is not limited to: (1) illegal content; (2) content relating to the creation, advertising, distribution, or receipt of illegal goods or services; (3) offensive content (including, without limitation, defamatory, threatening, or pornographic content); (4) content that discloses another person’s personal, confidential, or proprietary information; (5) fraudulent content; (6) malicious content such as malware or spyware; and (7) content that offers, promotes, advertises or provides links to unsolicited products or services.
FbDown Sponsored Content
From time to time FbDown may enter into partnerships with third-party service providers who may use User Content in connection with commercial, sponsored, or related content, within the Website or Services (such use referred to as”Sponsored Content”). If your User Content (including your name, username, profile picture, content, photograph, or another likeness) is used on the Website for purposes of Sponsored Content, FbDown will notify you of this use and provide you with the option to “opt-out” of having your User Content used in this way. Also, you may choose to prevent all future use of your User Content for purposes of Sponsored Content within the Website. If you are under the age of eighteen (18) or under any other legal age of majority, you represent that at least one of your parents or legal guardians has also agreed to the terms of this section (and the use of your name, username, profile picture, content, photograph, or another likeness) on your behalf. Parents or legal guardians of minor children whose User Content appears in FbDown’s Sponsored Content may choose to “opt-out” and prevent all future use of a minor’s User Content in this way. If you are unsure whether your User Content has been used as part of FbDown’s Sponsored Content and would like to find out, please contact us at [email protected] FbDown will need to verify your identity before responding to any requests so please be prepared to provide certain information such as your username, password, or other information as requested by FbDown.
FbDown provides technical support for users. In order to receive technical support from FbDown, the user seeking such support must request such support by contacting FbDown at [email protected] The user should describe the nature of the problem to be resolved as well as provide information about the user (name, address, etc). FbDown will make reasonable efforts to respond to such requests in a timely manner. The user shall cooperate with FbDown when seeking technical support services by providing information necessary to assist FbDown or requested by FbDown while diagnosing or resolving the issue. Although FbDown cannot guarantee that a technical support issue will be resolved, FbDown will make reasonable efforts to perform technical support services in a professional manner.
Information and Materials Provided By You
Term and Termination.
The term of these Terms of Service (“Term”) shall begin when you start using the Website or Services and shall continue in perpetuity unless otherwise terminated by FbDown or you by written notice. FbDown reserves the right to change, suspend or discontinue the Services or any portion thereof, at any time. Without prejudice to any other rights, these Terms of Service will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of these Terms of Service, you must immediately cease using this Website and the Services including without limitation any use of FbDown’s trademarks, trade names, copyrights and other intellectual property.
UPON TERMINATION OF THIS AGREEMENT YOU WILL NO LONGER BE AUTHORIZED TO USE THE WEBSITE OR SERVICES IN ANY WAY.
Links to Other Sites and Third Party Materials
The Website and Services may include links to other Website and/or third party products and that are not under FbDown’s control (collectively, “Third Party Materials”). FbDown shall not be responsible in any way for such Third Party Materials. FbDown provides such links only for the convenience of the users of the Website and Services, and the inclusion of any link to any Third Party Materials does not imply endorsement by FbDown of the content, products and/ or services of such Third Party Materials. Notwithstanding any provision to the contrary herein, nothing in these Terms of Service shall be construed as to grant you any rights or licenses with regard to such Third Party Materials or to entitle you to use such Third Party Materials.
Copyright, trademark and all other proprietary rights in the Website, FbDown, Services, and Content (including but not limited to software, services, audio, video, text and photographs, but excluding User Content) rest with FbDown and/or its licensors. Unless otherwise specifically provided herein or authorized by FbDown in writing, all rights in the Website, Services, and Content not expressly granted herein are reserved. You agree not to copy, republish, frame, make available for download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Content, Website, FbDown, or Services, other than in conjunction with the Services offered by FbDown through the Websites.
FbDown hereby disclaims any rights to trademarks, service marks, trade names, logos, copyright, patents, domain names or other intellectual property interests of third parties. All intellectual property interests of third parties referenced herein, including without limitation Third-Party Material or otherwise provided on this Website are the properties of their respective owners. FbDown disclaims any proprietary interests in intellectual property rights other than their own.
Warranties and Disclaimers
ALL CONTENT AND/OR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. FbDown 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 WEBSITE, SERVICES OR THE CONTENT. FbDown DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THE FbDown WEBSITE, SERVICES, OR CONTENT. YOU ACKNOWLEDGE THAT ANY INFORMATION SENT MAY BE INTERCEPTED IN TRANSMISSION OR OTHERWISE. FbDown DOES NOT WARRANT THAT THE WEBSITE, SERVICES, CONTENT, OR THE SERVERS WHICH MAKE THIS WEBSITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY FbDown ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS. Except as agreed by FbDown in writing, contractors, agents, dealers or distributors of FbDown or any other third party shall not have a right to modify this limited warranty, nor to make any additional warranties.
THE USE OF THE WEBSITE, OR SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY PRODUCTS THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. FbDown ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE WEBSITE OR IN CONNECTION WITH ANY SERVICES OR PRODUCTS OFFERED THROUGH THE WEBSITE. NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FbDown OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
The Website and Services may contain references to specific FbDown products and Services that may not be available in a particular country. Any such reference does not imply or warrant that any such products or services shall 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 that, in this respect, you use the Website and Services at your own risk.
IN NO EVENT SHALL FbDown OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION), UNDER ANY THEORY OF LIABILITY, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THE WEBSITE, OR SERVICES OR THE CONTENT, PRODUCTS, SERVICES, STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE WEBSITE, AND SERVICES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED, OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE DATA, ANY LOSS OF DATA, LOSS OR DAMAGE TO FILES, LOSS OR DAMAGE TO THE CONTENT, ANY SERVICES AVAILABLE THROUGH THE WEBSITE THAT ARE DELAYED OR INTERRUPTED, EVEN IF FbDown HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST FbDown PERTAINING TO OR IN CONNECTION WITH THE WEBSITE, AND SERVICES MUST BE COMMENCED AND NOTIFIED TO FbDown IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE.
Some jurisdictions do not allow the exclusion of implied warranties or limitations, so the above limitations may not apply to you.
YOU HEREBY WARRANT THAT: (i) ALL INFORMATION PROVIDED BY YOU TO FbDown IN CONNECTION WITH THE WEBSITE, FbDown AND THE SERVICES IS TRUE, ACCURATE, CORRECT, AND UP TO DATE; (ii) YOU HAVE FULL POWER AND AUTHORITY TO ENTER INTO THESE TERMS OF SERVICE; (iii) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH FbDown; (iv) YOU WILL SEEK ALL NECESSARY GOVERNMENTAL APPROVALS REQUIRED TO EFFECTUATE THESE TERMS OF SERVICE; (v) YOU SHALL PERFORM ALL OF YOUR OBLIGATIONS UNDER THESE TERMS OF SERVICE IN ACCORDANCE WITH APPLICABLE LAWS, RULES, AND REGULATIONS; AND (vi) YOUR EDITORIAL, TEXT, GRAPHIC, AUDIOVISUAL, AND OTHER CONTENT THAT IS AVAILABLE TO USERS OF THIS WEBSITE AND THAT IS NOT PROVIDED BY FbDown DO NOT (1) INFRINGE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, (2) CONSTITUTE DEFAMATION, LIBEL OR OBSCENITY, (3) RESULT IN ANY CONSUMER FRAUD, PRODUCT LIABILITY, BREACH OF CONTRACT TO WHICH YOU ARE A PARTY OR CAUSE INJURY TO ANY THIRD PARTY, (4) PROMOTE VIOLENCE OR CONTAIN HATE SPEECH, (5) VIOLATE ANY APPLICABLE LAW, STATUTE, ORDINANCE, OR REGULATIONS, OR (6) CONTAIN ADULT CONTENT OR PROMOTE ILLEGAL ACTIVITIES.
Notice and Procedure for Making Claims of Copyright Infringement
It is FbDown 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.
FbDown’s DMCA Agent for notice of claims of copyright infringement on this Website can be reached as follows: 901 North Pitt Street 325, Alexandria, VA 22314 or by email [email protected].
Unlawful or Prohibited Use
You may not use the Website or Services for any purpose that is unlawful, prohibited by these Terms of Service, or in any way interferes or attempts to interfere with the proper working of the Website or Services. You may not use the Website or Services in any manner that could damage, disable, overburden, or impair the Website or Services, or that interferes with any third party’s use and enjoyment of the Website or Services. You agree that you will not use any third-party software that intercepts, “mines,” or otherwise collects information from or through the Website or Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by FbDown to all users of the Website or Services. You shall not institute, assist, or become involved in an attack upon any FbDown server or otherwise attempt to disrupt the FbDown servers. ANY ATTEMPT BY YOU TO DAMAGE FbDown’S SERVERS OR UNDERMINE THE LEGITIMATE OPERATION OF FbDown IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE OR ASSISTANCE FOR SUCH AN ATTACK BE PROVIDED, FbDown RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH USER TO THE FULLEST EXTENT PERMITTED BY LAW.
You hereby agree to indemnify and hold harmless FbDown, its affiliates, officers, directors, agents, and employees, from any expense, loss, claim, damage, fine, penalty or liability, including reasonable fees for attorneys and other professionals, payable under any judgment, verdict, court order or settlement, to the extent resulting from any claim, demand, action, suit, arbitration, or other proceeding initiated by any third party (such as “Supported Resources”), including the assessment, claim or demand by a governmental agency or entity, arising out of your breach of these Terms of Service.
Linking to this Website
Linking to this Website is permitted provided that you comply with the following rules. You may link to the homepage of this Website or to any other page of this Website. However, you are not allowed to use in-line linking (or hot-linking) or framing. You must not imply that FbDown endorses or sponsors the linker or its website, products or services. You must not use FbDown’s intellectual property including but not limited to trademarks, trade names, copyrights without advance written permission from FbDown. Furthermore, you agree to remove the link at any time upon FbDown’s request.
Ending Your Relationship with FbDown
These Terms of Service will continue to apply until terminated by either you or FbDown as set out above. If you want to terminate this legal agreement with FbDown (i.e. these Terms of Service), you may do so by notifying FbDown at any time in writing at [email protected] FbDown reserves the right to terminate these Terms of Service with you at its own discretion at any time, upon notice, and without any liability to FbDown whatsoever.
You are solely responsible for cancelling your User Account, which you may do by contacting FbDown at [email protected]
FbDown may assign or delegate these Terms of Service, in whole or in part, to any person or entity at any time with or without your consent. You, however, may not assign or delegate any rights or obligations under these Terms of Service without FbDown’s prior written consent, and any unauthorized assignment and delegation by you are void and ineffective.
If the Website and Services are not available for any period or any time, FbDown shall not be liable. FbDown gives no warranties as to the accessibility, performance, or availability of the Website or Services. Temporary suspension of access to the Website and Services may occur without notice at our discretion including without limitation in the case of repair, maintenance, system failure, or for reasons beyond our control. FbDown reserves the right to suspend the operation of the Website or Services. You agree that neither FbDown nor its third-party providers will be liable to you in any way for the termination, suspension, interruption, delay of any of the services and products on this Website.
FbDown will not be liable for any nonperformance, delay, error, data loss or other loss caused by any events or conditions that are beyond the reasonable control of FbDown.
Agreement to Deal Electronically
All transactions with or through the Website or Services may, at FbDown’s option, be conducted and executed electronically. We may keep records of any type of communication conducted via the Website or Services. All electronic records are deemed sent when they are properly addressed to the recipient and the record enters an information processing system outside the control of the sender or the record enters a region of an information processing system under the recipient’s control. All electronic records are received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record.
You acknowledge and agree that any violation or breach of these Terms of Service may cause FbDown immediate and irreparable harm and damages. As a result, FbDown has the right to, and may in its discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of these Terms of Service. In addition to any and all other remedies available to FbDown in law or in equity, FbDown may seek specific performance of any term in these Terms of Service.
These Terms of Service will be enforced to the fullest 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 to any extent, then (a) such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision and (b) such invalidity or unenforceability will not affect any other provision of this Agreement.
FbDown does not bear any responsibility nor assumes any risks if for any reason a product or a service made available on this Website breaches the national law of any country. Those who access the Website or Services do so at their own initiative and are responsible for compliance with their national laws. Questions may be submitted at [email protected] The Website and Services and accompanying products and documentation are the copyrighted property of FbDown and/or its licensors and protected by copyright laws and international intellectual property treaties. Any use of the FbDown or third party trademarks or logos without the prior written consent of FbDown or the applicable trademark owner is strictly prohibited.