PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION YOU SHOULD KNOW BEFORE USING THE WEBSITE OR SERVICES. BY USING THE WEBSITE OR SERVICES, YOU WILL BE DEEMED TO HAVE ACCEPTED THESE TERMS OF SERVICE AND THOSE OF THIRD-PARTY APPLICATIONS.

Last Modified: 04/12/2023

MAIN NOTE: descargarbot.com does not host any copyrighted content on its server and all videos/images are downloaded directly from the CDN servers of third-party applications.

This document sets forth the terms and conditions ("Terms") under which descargarbot.com ("we" or "our") will provide the service on its website, applications and related services (collectively, the "Service"). As used in this document, the terms "you" or "your" refer to you, any entity you represent, your representatives, successors, assignees and affiliates, and any of your devices. By visiting, accessing, using, downloading, copying, installing and/or joining (collectively "using") the Service, you express your understanding and acceptance of these Terms. If you do not agree to be bound by these Terms, stop using the Service and delete any copy of the Service you may have. These Terms also include certain limitations of liability and legal disclaimers that limit our liabilities. In other words, use of the Service is at your own risk and we assume no liability or provide no warranties of any kind, express or implied, with respect to the Service.

1 - Eligibility and Accounts

• a. Use of the Service is not permitted where prohibited by law. Without limiting the foregoing, you represent and warrant that you are not located in a country subject to international or applicable embargo, or in a country that has been designated by international or applicable law as a "terrorism-supporting" country and that you are not listed on any applicable list of prohibited or restricted parties.
  
• b. You must be at least eighteen (18) years of age to use the Service. If you are under eighteen (18) years of age, you are not permitted to use the Service and must stop using it immediately, regardless of parental authorization.
  
• c. The consideration for your conscious acceptance of these Terms is that we provide you with the Service Use Grant in accordance with Section 2 below. You acknowledge and agree that this consideration is adequate and that you have received it by using the Service.

2 - Grant of Use

We grant you a non-exclusive, non-transferable and limited right to access, display and use the Service, including all content available on it (the "Content"), on your computer or mobile device, in a manner consistent with these Terms and subject to the (technical and other) restrictions of the Service. You may only access and use the Service for your personal and non-commercial use. This grant may be terminated by descargarbot.com at will for any reason and at our sole discretion, with or without prior notice. Upon terminating this grant, we may, but are not obligated to:

• (i) delete or deactivate your Account or use of the Service,
  
• (ii) block your email and/or IP addresses or otherwise terminate your use and your ability to use the Service, and/or
  
• (iii) delete and/or erase any of your User Contributions (defined below). You agree not to use or attempt to use the Service after such termination. Upon termination of your right to use the Service, all other provisions of these Terms shall remain in full force and effect. You acknowledge that we are not liable to you or any third party for the termination of your grant of use.

In addition to the terms set forth herein, your use of the Service shall be limited by the rules, features and technical restrictions of the Service, which may change periodically at our sole discretion. You will not attempt to use the Service in any manner not contemplated or permitted for its use.

3 - User Submissions

• a. You are solely responsible for any and all materials that you download, upload, submit, transmit, create, modify or make available on or through the Service, including sound files, video files or photographs that you create, modify, transmit or download through the Service (collectively, "User Submissions"). User submissions cannot always be withdrawn. You acknowledge that any disclosure of personal information in User Submissions may result in your personal identification and that we do not guarantee any confidentiality with respect to User Submissions.
  
  
• b. You will be solely responsible for any and all of your own User Submissions and any and all consequences of downloading, uploading, submitting, modifying, transmitting, creating or otherwise making available User Submissions. For any and all of your User Submissions, you affirm, represent and warrant that:
  
  • i. You own or have the necessary licenses, permissions, rights or consents to use and authorize us to use all trademarks, copyrights, trade secrets or other proprietary rights in and to the User Submissions for any and all uses contemplated by the Service and these Terms; and
    
  • ii. You have the written consent, release and/or permission of each and every identifiable person in the User Submission to use the name and/or likeness of each and every such identifiable person to enable the use of the User Submission for any and all uses contemplated by the Services and these Terms.
  
  
• c. In addition, you agree that you will not download, upload, submit, create, transmit, modify or make available material that:
  • i. Is copyrighted, protected by trade secret or trademark laws, or subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights, have explicit permission from the rightful owner to submit the material and grant us all the license rights granted herein, or have another legal and effective basis for the material and grant us all the license rights granted herein;
    
  • ii. Is obscene, vulgar, illegal, illegitimate, defamatory, fraudulent, slanderous, harmful, harassing, abusive, threatening, invasive of privacy or publicity rights, hateful, racial or ethnically offensive, incendiary or otherwise inappropriate as we decide at our sole discretion;
    
  • iii. Depicts illegal activities, promotes or depicts physical harm or injury against any group or individual, or promotes or depicts any act of cruelty towards animals;
    
  • iv. Impersonates any person or entity or misrepresents them in any way, including the creation of a false identity;
    
  • v. Would constitute, encourage or provide instructions for a criminal offense, a violation of the rights of any of the parties, or that would otherwise create liability or violate any local, state, national or international law; or
    
  • vi. Is advertising, promotion, "spam" or any other form of unsolicited or unauthorized solicitation.
    
    
    • We do not claim ownership or control over User Submissions or Third-Party Content. You or an external licensor, as applicable, retain all copyrights to User Submissions and you are responsible for protecting those rights as appropriate. You irrevocably grant us a worldwide, non-exclusive, royalty-free, perpetual, non-cancelable and sublicensable license to reproduce, publicly perform, publicly display, distribute, adapt, modify, publish, translate, create derivative works from and otherwise exploit User Submissions for any purpose, including, without limitation, any purpose contemplated by the Service and these Terms. You also irrevocably waive and cause to be waived against descargarbot.com and any of our users any claim and assertion of moral rights or attribution with respect to User Submissions. You represent and warrant that you have all rights, power and authority necessary to grant the rights granted herein to User Submissions.
      
    • Specifically, you represent and warrant that you have the right to download, upload, modify, access, transmit, create or otherwise make available User Submissions on the Service, and that downloading or uploading User Submissions will not infringe the rights of any other party or your contractual obligations with other parties.
  
  
• d. You acknowledge that we may, at our sole discretion, refuse to post, delete or block access to any User Submission for any reason, or for no reason at all, with or without prior notice.
  • Without limiting the other indemnification provisions herein, you agree to defend us against any claim, demand, lawsuit or proceeding brought or filed against us by a third party alleging that your User Submissions or your use of the Service in violation of these Terms infringes or misappropriates the intellectual property rights of a third party or violates applicable law and you shall indemnify us for all damages against us and for reasonable attorneys' fees and other costs incurred by us in connection with such claim, demand, lawsuit or proceeding.
    
  • If you make any suggestion to us about how to improve the Service or add new features to the Service, you are assigning us the right to use your suggestions without any compensation to you.

4 - Service Content

• a. You understand and acknowledge that, by using the Service, you will be exposed to content from a variety of sources, including content available on or through the Service by other users, services, parties and through automated or other means (collectively, "Third-Party Content") and that we do not control or are responsible for any Third-Party Content. You understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent or otherwise objectionable or that may cause harm to your computer systems and, without limiting the other limitation of liability provisions herein, you agree to waive and hereby waive any legal or equitable right or remedy you may have against us with respect thereto.
  
• b. We do not claim ownership or control over Third-Party Content. Third parties retain all rights to their respective Third-Party Content and are responsible for protecting their rights as appropriate.
  
• c. You understand and acknowledge that we assume no responsibility for monitoring the Service for inappropriate content or conduct. If at any time we choose, at our sole discretion, to monitor such content, we assume no responsibility for such content, have no obligation to modify or remove such content (including User Submissions and Third-Party Content) and assume no responsibility for the conduct of others submitting such content (including User Submissions and Third-Party Content).
  
• d. Without limiting the limitation of liability and warranty disclaimer provisions, all Content (including User Submissions and Third-Party Content) on the Service is provided to you "AS IS" for your information and personal use only and you must not use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or exploit for any other purpose the Content without the prior written consent of the respective owners/licensors of the Content.
  
• e. You acknowledge that we may, at our sole discretion, refuse to post, delete or block access to any Content for any reason, or for no reason at all, with or without prior notice.

5 - User Conduct

You represent and warrant that all information and content you provide to us is accurate and current and that you have all rights, powers and authority necessary to (i) accept these Terms, (ii) provide us with User Submissions and (iii) perform the acts required of you under these Terms.

• a. You hereby expressly authorize us to monitor, record and log any of your activities on the Service.
  
• b. As a condition of your use of the Service:
  • i. You agree not to use the Service for any illegal purpose or in any manner prohibited by these Terms;
    
  • ii. You agree to comply with all applicable local, state, national and international laws and regulations;
    
  • iii. You agree not to use the Service in any manner that exposes us to criminal or civil liability;
    
  • iv. You agree that you are solely responsible for all acts and omissions that occur as a result of your use of the Service;
    
  • v. You agree that all your User Submissions belong to you and that you have the right and authority to provide them to us and use them on the Service or through it;
    
  • vi. You agree not to use any automated means, including robots, crawlers or data extraction tools, to download, monitor or use data or Content from the Service;
    
  • vii. You agree not to take any action that imposes or may impose, at our sole discretion, an unreasonable or disproportionately large load on our technological infrastructure or that otherwise excessively demands from it;
    
  • viii. You agree not to "stalk" or harass anyone on or through the Service;
    
  • ix. You agree not to falsify headers or manipulate identifiers to conceal the origin of any information you transmit;
    
  • x. You agree not to disable, bypass or otherwise interfere with security-related features of the Service or features that prevent or restrict the use or copying of any content or that impose limitations on the use of the Service or the content thereof;
    
  • xi. You agree not to post, link or make available on the Service any material containing software viruses or any computer code, file or program designed to interrupt, destroy, limit or monitor the functionality of any computer software or hardware or any telecommunications system;
    
  • xii. You agree not to license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available the Service or any Content to third parties;
    
  • xiii. You agree not to "frame" or "mirror" the Service;
    
  • xiv. You agree not to reverse engineer any part of the Service.

• You may only use the Service in accordance with these Terms and any and all agreements under which the Service is provided to you (including, for example, any app store agreement). You assume sole responsibility for obtaining any additional or related hardware or software required for use of the Service.
  
• Except as described below, you are not permitted to decompile, disassemble, reverse compile, reverse assemble, reverse translate or reverse engineer the Service, use similar means to discover the source code of the Service or discover trade secrets or other intellectual property in the Service.
  
• You acknowledge that, from time to time, the Service may automatically search for and install updates on your device. You agree and accept that the Service may perform updates without your confirmation or consent. Any update to the Service shall be deemed part of the Service. However, we have no obligation to provide you with any update to the Service (or any third party).
  
• We reserve the right to take appropriate action against any user for any unauthorized use of the Service, including civil, criminal and injunctive relief and termination of any user's use of the Service. Any unauthorized use of the Service and our computer systems is a violation of these Terms and of certain international, foreign and domestic criminal and civil laws.
  
• In addition to the termination of the grant of use of the Service, any violation of this Agreement, including the provisions of this Section 5, shall subject you to liquidated damages of ten thousand dollars (usd 10,000) for each violation. In the event that your infringement results in legal action (whether against you or against us by any of the parties) or physical or emotional harm to any of the parties, you shall be subject to liquidated damages of one hundred fifty thousand dollars (usd 150,000) for each infringement. We may, at our discretion, assign any claim for damages or part thereof to a third party that has been harmed by your conduct. These liquidated damages provisions are not a penalty, but an attempt by the Parties to reasonably determine the amount of actual damages that could occur from such violation. You acknowledge and agree that the amount of these liquidated damages is minimal and that if actual damages are greater, you will be liable for the greater amount. If a court of competent jurisdiction determines that these liquidated damages are unenforceable to any extent, then the liquidated damages shall be reduced only to the extent necessary to make them enforceable.

6 - Services on the Service

• a. You acknowledge that the Service is a general-purpose tool. Specifically, but without limitation, the Service allows you to access media on many other platforms and, among other things, download and/or convert that media. The Service may only be used in accordance with the law. We do not encourage, endorse, induce or permit any use of the Service that may violate any law. We explicitly prohibit the use of the Service to download any content that violates copyright laws.
  
• b. To the extent that we may store any User Submission, we do not intend to store any User Submission for more than a transient period to give users the opportunity to download their content.

7 - Fees

• a. You acknowledge that we reserve the right to charge for any or all of our services and change our fees from time to time at our sole discretion. If at any time we terminate your rights to use the Service due to a breach of these Terms, you will not be entitled to a refund of any portion of your fees. In all other respects, such fees shall be governed by additional rules, terms, conditions or agreements posted on the Service and/or imposed by any sales agent or payment processing company, as modified from time to time.

8 - Privacy Policy

• a. We maintain a separate Privacy Policy and your consent to these Terms also means that you have read and understand the Privacy Policy. We reserve the right to modify the Privacy Policy at any time by posting such modifications on the Service or on our website. Your continued use of the application after such modifications shall be deemed your acknowledgment of the Privacy Policy and that you have read and understood it.
  
• b. You acknowledge that we may collect and use technical data and related information, including, without limitation, technical information about your device, system and application software and peripherals, that is collected periodically to facilitate the provision of Service updates.
  
• c. You understand, acknowledge and agree that we may access, preserve and disclose your information if required by law or if we believe in good faith that such access, preservation or disclosure is reasonably desirable or necessary for us.

9 - Copyright Claims

• a. We respect the intellectual property rights of others. You may not infringe the copyright, trademark or other proprietary information rights of any party. We may, at our sole discretion, remove any Content (or restrict the use of the Service with any Content) that we have reason to believe violates any of the intellectual property rights of others and may terminate your use of the Service if you submit such Content.
  • Repeat Infringer Policy. As part of our repeat infringement policy, any user whose MATERIAL we receive three effective and good-faith complaints within any contiguous six-month period will have their grant of use of the Service terminated.
  
  
• b. Although we are not subject to United States laws, we voluntarily comply with the Digital Millennium Copyright Act. In accordance with Title 17, Section 512(c)(2) of the United States Code, if you believe that any of your copyrighted materials is being infringed on the Service, we have designated an agent to receive notifications of alleged copyright infringement. Notifications must be sent by email to descargabot@proton.me
  
  
• c. All notifications that are not relevant to us or that are not effective under the law will not receive a response or action in that regard. An effective notification of the claimed infringement must be a written communication to our agent that substantially includes the following:
  • i. Identification of the copyrighted work believed to have been infringed. Describe the work and, when possible, include a copy or the location (e.g., a URL) of an authorized version of the work;
    
  • ii. Identification of the material believed to be infringing and its location or, for search results, identification of the reference or link to the material or activity that is alleged to be infringing. Describe the material and provide a URL or any other relevant information that allows us to locate the material on the Service or on the Internet;
    
  • iii. Information that will allow us to contact you, including your address, telephone number and, if available, your email address;
    
  • iv. A statement that you believe in good faith that the use of the claimed material is not authorized by you, your agent, or the law;
    
  • v. A statement that the information in the notification is accurate and that, under penalty of perjury, you are the owner or are authorized to act on behalf of the owner of the work that is allegedly being infringed; and
    
  • vi. A physical or electronic signature of the copyright holder or an authorized representative.
    

10 - Modification of these Terms

• a. We reserve the right to modify these Terms at any time by posting such modified Terms on the Service. No other notice of any modification may be given to you. YOU ACKNOWLEDGE THAT YOUR CONTINUED USE OF THE SERVICE AFTER SUCH MODIFICATIONS SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH MODIFICATIONS, REGARDLESS OF WHETHER YOU ACTUALLY READ THEM.

11 - Indemnification and Release

• a. You hereby agree to indemnify us and hold us harmless from any damage and claim and expense of third parties, including attorneys' fees, arising from your use of the Service and/or your breach of these Terms.
  
  
• b. In the event that you have a dispute with one or more users or third parties, you hereby release us, our officers, employees, agents and beneficiaries from claims, demands and damages (actual and consequential) of every kind, or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Service.

12 - Disclaimer of Warranties and Limitations of Liabilities

• PLEASE READ THIS SECTION CAREFULLY AS IT LIMITS OUR LIABILITY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

• a. The Service may contain links to third-party websites or other services that are independent of us. We assume no responsibility for the content, privacy policies or practices of and do not represent or guarantee the accuracy, completeness or authenticity of the information contained on third-party websites or other services. We have no right or ability to edit the content of any third-party website or other service. You acknowledge that we will not be liable for any liability arising from your use of third-party websites or other services.
  
  
• b. The Service is provided "AS IS" and without any warranty or condition, express, implied or statutory. We specifically disclaim to the fullest extent any implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy of information, integration, interoperability or quiet enjoyment. We disclaim any warranty for viruses or other harmful components in connection with the Services.
  
  
• c. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY ASPECT OF YOUR USE OF THE SERVICE, WHETHER, WITHOUT LIMITATION, SUCH DAMAGES ARISE FROM (i) YOUR USE, MISUSE OR INABILITY TO USE THE SERVICE, (ii) YOUR RELIANCE ON ANY CONTENT OF THE SERVICE, (iii) THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION OR COMPLETE TERMINATION OF THE SERVICE OR (iv) THE TERMINATION OF THE SERVICE BY US. THESE LIMITATIONS ALSO APPLY WITH RESPECT TO DAMAGES INCURRED FOR REASONS OF OTHER SERVICES OR PRODUCTS RECEIVED OR ADVERTISED IN CONNECTION WITH THE SERVICE.
  • 1. WE DO NOT GUARANTEE THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCT, SERVICE, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (v) ANY ERROR IN THE CONTENT WILL BE CORRECTED.
  
  
• d. ANY CONTENT OBTAINED THROUGH THE USE OF THE SERVICE IS OBTAINED AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH CONTENT.
  
  
• e. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICE OR ANY OTHER COMPLAINT SHALL BE THE TERMINATION OF YOUR USE OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL OUR MAXIMUM LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE EXCEED 100 USD.
  
  
• f. All of the above warranty disclaimers and limitations of liability shall be deemed to apply to our parent companies, subsidiaries, directors, officers, employees, agents, designees, contractors, affiliates, subsidiaries, successors and assignees as well.

13 - Disputes

• a. To the maximum extent permitted by law, these Terms, as well as any claim, cause of action or dispute that may arise between you and us, shall be governed by the laws of the Argentine Republic without regard to conflict of law provisions. FOR ANY CLAIM BETWEEN US, YOU AGREE TO SUBMIT TO THE PERSONAL AND EXCLUSIVE JURISDICTION AND EXCLUSIVE VENUE OF THE COURTS OF THE ARGENTINE REPUBLIC. However, in the event that we seek indemnification from you under the present, we may file an indemnification claim (and any other claim) in the same court in which the claim against us was filed for which we seek indemnification. You hereby waive any right to seek another venue due to an inconvenient or improper forum.
  
  
• b. YOU AGREE THAT YOU MAY BRING CLAIMS ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION.
  
  
• c. You hereby agree that, as part of the consideration of these terms, you waive any right you may have to a jury trial for any dispute between us arising out of or related to these terms or the Service. This provision shall apply even in the event that any arbitration provision or any other provision of this section is waived.

14 - General Terms

• (a) These Terms, as modified from time to time, constitute the entire agreement between you and us and supersede all prior agreements between you and us and may not be modified without our written consent.
  
  
• (b) Our failure to enforce any provision of these Terms shall not be construed as a waiver of any provision or right.
  
  
• (c) If any part of these Terms is determined to be invalid or unenforceable under applicable law, then the invalid and unenforceable provision shall be deemed replaced by a valid and enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in full force and effect.
  
  
• (d) Nothing herein is intended, nor shall be deemed, to confer rights or remedies upon any third party.
  
  
• (e) You may not assign, transfer or sublicense these Terms except with our prior written consent, but we may assign or transfer them without restriction.
  
  
• (f) You agree that we may provide you with notices by email, regular mail or postings on the Service.
  
  
• (g) The section headings in these Terms are for convenience only and have no legal or contractual effect.
  
  
• (h) As used in these Terms, the term "including" is illustrative and not limiting.
  
  
• (i) If this agreement is translated and executed in any language other than Spanish and there is any conflict between the translation and the Spanish version, the Spanish version shall prevail.