TERMS OF SERVICE, DISCLAIMERS, AND COPYRIGHT POLICY

This document governs the use of HubDownload (the "Service"). By accessing or using the Service, you agree to be bound by these terms. If you do not agree to all terms, disclaimers, and indemnification obligations set forth herein, you must immediately terminate use of the Service.

1. Intermediary Status and Third-Party Content Disclaimer

This section establishes our protection under laws including 47 U.S.C. § 230 (United States) and Section 79 of the Information Technology Act 2000 (India), which protect intermediary platforms from liability for third-party content.

1.1 Nature of the Service

HubDownload operates exclusively as an automated search aggregator and information location tool. The Service programmatically queries external search engines and displays aggregated results consisting of hyperlinks, titles, and text snippets directing users to third-party websites.

1.2 No Editorial Control or Endorsement

We do not crawl, host, index, or publish the underlying content found on third-party websites. The display of a search result, link, or snippet does not constitute an endorsement, sponsorship, or approval by HubDownload of the destination website, its creators, or its content.

1.3 Assumption of Risk & Indemnification

You acknowledge that HubDownload exercises no editorial control over the content of third-party websites. We make no guarantees regarding the accuracy, legality, decency, or safety of any external content. Clicking on external links is done strictly at your own voluntary risk and discretion. You assume sole responsibility for any software installed, media accessed, or files downloaded from external destinations. You agree to fully defend, indemnify, and hold harmless HubDownload, its operators, affiliates, and technical partners against any and all claims, liabilities, or expenses. HubDownload is not liable for any damages, malware, phishing attempts, software conflicts, or data breaches resulting from visiting third-party sites.

2. Intellectual Property and Fair Use

This addresses the display of third-party metadata (titles, snippets, favicons) under the doctrine of Fair Use.

2.1 Ownership of Third-Party Marks

All trademarks, service marks, logos, trade names, and copyrighted material (including software names, game titles, article titles, meta-descriptions, and image thumbnails) displayed within our search results are the exclusive property of their respective owners.

2.2 Fair Use Declaration

The temporary display of limited text snippets, titles, and thumbnails in our search results is intended to serve as a navigational aid. This constitutes a "transformative use" under applicable copyright laws (including 17 U.S.C. § 107 and Section 52 of the Indian Copyright Act 1957) for the purpose of search, reference, and information retrieval. HubDownload claims no proprietary rights over aggregated third-party data.

2.3 API and Search Engine Compliance

Our Service utilizes authorized Application Programming Interfaces (APIs) and index queries provided by underlying search engines (e.g., Google, Bing). The search results may include mandatory branding or logos required by these third-party providers. We do not claim ownership of these underlying search algorithms or their proprietary branding.

3. Copyright Infringement and DMCA Takedown Policy

This establishes our Safe Harbor protection under 17 U.S.C. § 512(d) for "Information Location Tools" and corresponding Indian intermediary rules.

3.1 Safe Harbor and Takedowns

As a provider of information location tools (search aggregation), HubDownload complies with the Digital Millennium Copyright Act (DMCA) and equivalent international copyright frameworks. If you are a copyright owner and believe that a search result generated by our Service links directly to infringing material, you may request the removal of that specific link from our index.

3.2 Submitting a Notice

Takedown requests must be submitted to our Designated Copyright Agent at legal-compliance@funonline.online and must include:

1. A physical or electronic signature of the copyright owner or authorized representative.
2. Identification of the copyrighted work claimed to have been infringed.
3. Identification of the material that is claimed to be infringing, including the exact URL(s) on our Service that display the link, AND the exact destination URL(s).
4. Adequate contact information (email address, telephone number, physical address).
5. A statement of good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
6. A statement, made under penalty of perjury, that the information provided is accurate and that the notifying party is authorized to make the complaint.

Note: Removing a link from HubDownload does not remove the content from the host website or the underlying primary search engines (e.g., Google, Bing).

4. Acceptable Use and Automated Access

This protects our server infrastructure, bandwidth, and API resources from abuse.

4.1 Prohibited Activities

To maintain the stability and security of our Service, users are strictly prohibited from:

• Using automated scripts, bots, scrapers, or spiders to programmatically query our Service or extract data.
• Attempting to bypass, exploit, or reverse-engineer our API integration or rate limits.
• Imposing an unreasonable or disproportionately large load on our infrastructure.
• Using the Service to knowingly search for, distribute, or facilitate access to illegal material, child sexual abuse material (CSAM), or malicious software.

We reserve the right to permanently ban IP addresses or user accounts that violate these restrictions without prior notice.

5. Disclaimer of Warranties and Limitation of Liability

Standard legal limitations capping financial liability.

5.1 "As Is" Provision

The Service is provided on an "AS IS" and "AS AVAILABLE" basis. HubDownload disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Service will be uninterrupted, error-free, or completely accurate.

5.2 Liability Cap

To the maximum extent permitted by applicable law, HubDownload, its affiliates, directors, and employees shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising from your use of or inability to use the Service. In no event shall our total aggregate liability for all claims related to the Service exceed $100 USD (or the equivalent in Indian Rupees).