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Terms of Service and Use

 

On this page you will find out more about what we consider to be the proper and acceptable way for using the services and content found on http://androidtidbits.com (“Site” or “Android TidBits”).  You can think of these terms and conditions (collectively, “Terms of Service and Use,” or “Terms”) as guidelines that will make your and everyone else’s visit to Android TidBits safe, enjoyable, and memorable.

This page complements and is inseparable from Android TidBits’ Online Privacy Policy (which you should also be familiar with).

The Service We Provide

Android TidBits, located at http://androidtidbits.com, provides a variety of services.  Primarily, the Site provides articles and content of interest to Android users, Android fans, and Android enthusiasts.  The articles and content usually take the form of Android news, Android smartphone reviews, Android tablet reviews, Android app reviews, Android guides, and other such articles and content.  You’ll know more about Android TidBits and its team by reading the About Android TidBits page.

Aside from that, Android TidBits may also provide other services or features intended to extend the capabilities of the Site.

Although most content on the Site is publicly accessible at no cost, do not expect Android TidBits to pay for whatever you need to be able to access the Site.  We have our own bills to pay, you know.

Also, just so you’d know, we have and we reserve the sole right to change all or parts of the Site, as well as to discontinue all or parts of the Site–and we are not under any obligation to inform you.  We also wash our hands of any liability to you or any other party in our exercise of such right.  If we do decide to alter the Site in whatever way we deem appropriate, these Terms of Service will still apply and will still be in force.

Good Conduct and Acceptable Behavior

Respect begets respect.  That is the foremost maxim upon which good conduct and acceptable behavior on Android TidBits rest.

Your use of the Site is subject to applicable laws and regulations.  You are completely responsible for your behavior and for your communications, content (e.g., text, images, data, other forms of information), and messages (including those that you pass on or distribute) on or through the Site.  Here on Android Tidbits, we prohibit communications, content, or messages that

  1. are unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, or tortious;
  2. contain explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals);
  3. victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  4. infringe on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
  5. constitute unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
  6. contain software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
  7. impersonate any person or entity, including any of Android TidBits’ employees or representatives; or
  8. violate our rules or policies.

Just because a user uploads content to the Site does not mean we endorse that content or that we assume liability for the content.  Generally, we do not pre-screen, monitor, or edit the content uploaded by Site users.  But, we do have the right to remove content that we believe to be violating these Terms of Service or other policies applicable to the Site, or that we believe to be harmful, objectionable, or inaccurate.  We will try to remove objectionable content as quickly as we can, but we will not be held responsible for failure or delay in the removal.  If you happen to be the owner of the objectionable content, you hereby grant us your consent to remove it and waive any claim against us for removing such content.

If you are a registered user of the Site, do not use your account to breach security of another account, or to access other networks or servers unpermitted.  If you do so, you could get yourself in a criminal or civil entanglement.

If you violate Android TidBits policies and terms of service, we may terminate your membership/registration/subscription, account, or other affiliation with Android TidBits at any time, at our sole discretion, and without prior notice.  Android TidBits will also cooperate completely with lawful investigations of violations, including those conducted by law enforcement agencies in cases of suspected criminal violations.

Conditions for Posting and/or Publishing Content and Materials

If you have been granted access and privilege to post content (e.g., articles, comments, and/or other media) to Android TidBits, you are completely responsible for your content.  All opinions expressed by  Site contributors and authors are theirs alone and shall not be construed as the opinion of Android TidBits as a whole.  Android TidBits shall not be held responsible or liable for such expressions.

For whatever content that you post or publish on Android TidBits, you grant the Site and its official representatives an unrestricted, irrevocable, non-exclusive, royalty-free, perpetual, worldwide, and fully transferable, assignable, and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create collective or derivative works from, distribute, perform and display your content in whole or in part and to incorporate it in other works in any form, media, or technology now known or later developed. You further warrant that all so-called moral rights in the content have been waived.

By posting or publishing content to the Site, you warrant and represent that you either own or otherwise control all of the rights to that content, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the content, or that your use of the content is a protected fair use. You agree that you will not knowingly provide material and misleading false information. You represent and warrant also that the content you supply does not violate these Terms. It is your sole responsibility to ensure that your postings do not disclose confidential and/or proprietary information, including personal financial information, information covered by a nondisclosure agreement, and information that you are not authorized to disclose. We caution you not to disclose personal information about yourself or your children, such as social security numbers, credit card numbers, etc.

The Site content and materials are for informational purposes only.  Android TidBits shall not be held liable or responsible for accuracy of information.  We do, however, encourage our registered Site authors and contributors to take extra measures to provide accurate and reliable information.

You agree to indemnify and hold Android TidBits, its employees, representatives, and administrators harmless for any and all claims or demands, including reasonable attorney fees, that arise from or otherwise relate to your use of the Site, any content you supply to the Site, or your violation of these Terms or the rights of another.

External Links and Third-party Sources of Information

External links are Uniform Resource Locators (URLs) that direct you to a page or pages not hosted by Android TidBits.  As a general policy, Android TidBits minimizes external linking.  There may be times when Android TidBits points to external information sources, especially if the external sources are deemed helpful to Site visitors.

Android TidBits, however, is not responsible for the content in external or third-party sources.  Such sources may contain material that some people consider inappropriate or offensive.  Do not hold Android TidBits responsible for the information on external or third-party sites.  The reference or link to those external or third party sources are purely for Site visitors’ convenience.  Android TidBits does not necessarily endorse or claim any association or affiliation with the third-party sites.

Intellectual Property

Here’s our full copyright statement:

Copyright © 2011 Android TidBits / AndroidTidBits.com.  All Rights Reserved.

Your acceptance of these Terms of Service also include your acceptance and acknowledgment of Android TidBits’ intellectual property.  Apart from specific uses under fair use terms allowed by law, you may use Android TidBits content (e.g., media, text, graphics, images, and the like) only with the express, written permission of Android TidBits or its lawful representatives.

The Site may include content or material that is not its intellectual property.  The intellectual property rights of such content or material still belong to their rightful owners.  The Site tries its best to give credit where credit is due.

All custom graphics, icons, logos and service names are registered trademarks, trademarks, or service marks of Android TidBits or its affiliates.  You may use them only with written permission from Android Tidbits.  All other registered trademarks, trademarks, or service marks are property of their respective owners.

Android TidBits has no direct relations or affiliation with Google or any of the equipment manufacturers mentioned on the Site’s pages.  Android TidBits is an Android fan site and an Android enthusiast site.

Portions of the Site (especially the Android Robot) are modifications based on work created and shared by Google and used according to terms described in the Creative Commons 3.0 Attribution License.

Subject to our Online Privacy Policy, any original communication or material that you transmit to this Site or to us, in whatever form and for whatever reason, will be treated as non-confidential and non-proprietary. While you retain all rights to your original communications or material, you grant Android TidBits, its representatives, and/or affiliates a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.

If you feel that your intellectual property rights have been stepped on, consult Section 512(c)(3)(A) of the Digital Millennium Copyright Act for steps on how to deal with the infringement.  Android TidBits will do its best to expeditiously act on claims of copyright infringement, which may result in immediate removal of the alleged infringing materials.

Disclaimer of Warranties and Limitation of Liability

The following Disclaimer of Warranties are pretty much standard, but it’s still a good idea to be familiar with them:

  • ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
  • THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
  • THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE 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 OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
  • Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
  • Content available through this site often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized Android TidBits spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of this site for further information, which policies are incorporated by reference into these Terms of Use.
  • You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
  • You understand and agree that the services available on this site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
  • SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Likewise, the following statements of Limitation of Liability are standard.  No harm getting to know them either.

  • IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
  • FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
  • SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

Upon a request by us, you agree to defend, indemnify, and hold us and our affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Your Password and Security

Make sure your password and Site login information are kept safe and secret.  You are entirely responsible for keeping such information safe.  Likewise, you shall be held accountable and responsible for any transactions, statements, acts, omissions, or communications made using your password, account, and Site login information.  Android TidBits staff will never request your password.  Never give your password and/or Site login information to anyone–not even to Android TidBits employees, staff, or official representatives.  Do not transfer your account or share it with anyone.  We reserve the right to cancel your account if we find you violating this policy.

Interaction with Third-party Providers

Occasionally, external and third-party providers may publish advertisements or run promotional activities through Android TidBits.  You may interact with such providers and participate in their promotions.  However, your correspondence and interactions with such providers are completely between you and the providers.  Android TidBits shall assume no liability, obligation, or responsibility for whatever arises out of such correspondence or interactions.

Communication Services

Android TidBits may make available certain forms of electronic communication services (e.g., email, messaging, and the like) to registered Site users.  Supplemental agreements and terms of service specific to a service may be made available.

In no way will Android TidBits access or disclose the content of private communications using the said services, except when the sender or recipient grants consent to do so or in specific situations stipulated by the Electronic Communications Privacy Act or when required by law or court/government order.

Spam

Android TidBits hates spam and spammers.  You probably do, too.  To protect our Site users from spam (or mass unsolicited communications) and/or other forms of electronic messages that we hold to be not aligned with our business purposes, we may employ automated means for preventing such messages and content from reaching audiences or recipients.  Android TidBits, however, shall not be held responsible for legitimate messages that the automatic system blocks or for spam that is not blocked.

You may not use Android TidBits and its services to collect information about others (including but not limited to e-mail addresses), or to use information obtained from Android TidBits to send other users unsolicited e-mail of any kind.

International Use

Android TidBits is accessible almost anywhere around the world.  But, we do not guarantee or represent that the content and materials on Android TidBits are appropriate for your specific geographic location.  There may be some countries and states where such content and materials as are found on Android TidBits are considered illegal.  If you live in such territory, then you are covered by local laws, and you access Android TidBits solely on your own initiative and at your own risk.  Any product, service, and/or information offer made in or through this Site is considered void in areas where such offers are prohibited.

Termination of Use

To put it bluntly, we have the right to terminate, suspend, or limit your account and/or access to Android TidBits for whatever reason, with or without notice, and at our sole discretion.  However, if you behave properly and use the Site properly, we are not prone to whimsical termination, suspension, or limitation of accounts and/or access.  But, we do not look kindly upon fraudulent, abusive, or illegal activities.  We consider them grounds for exercising our right to terminate, suspend, or limit your account and/or access–and we may refer the incident to the authorities.

If we decide to exercise such right, you will immediately lose all privilege for using the services on the Site, and we may immediately delete your account and all data related to it.  Android TidBits shall not hold any liability to you or third parties for claims or damages arising from our exercise of such right or from other actions that we perform in relation to our exercise of such right.

Notices

We love the written word.  Thus, all communications and notices from us to another party shall be made in writing and shall be sent by email.  Communications or notices intended for us must be sent in the same form and manner to contact [at] androidtidbits [dot] com.  We may occasionally send out mass notices or messages for important announcements.

Online Privacy Policy

Android TidBits’ Online Privacy Policy is available on a separate page, and is incorporated in these Terms of Service by reference.

Miscellaneous Terms and Conditions

  • In any action to enforce these Terms of Service, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action brought by you against us or our Affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred.
  • You may not assign your rights and obligations under these Terms to any party, and any purported attempt to do so will be null and void. We may free assign our rights and obligations under these Terms.
  • You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site.
  • In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
  • If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
  • Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.

How to Contact Us

For inquiries or to report violations of these Terms of Service, please email contact [at] androidtidbits [dot] com, or drop us a note using our Contact Us page.

Your Agreement to These Terms

These Terms of Service are effective as of October 1, 2011.  These Terms of Service may change in the future, and when they do, we are under no obligation to inform you.  The owners and administrators of Android TidBits have the express right to change these Terms of Service at any time.

Whether or not these Terms have changed, by continuing to use or access the Site, you imply your agreement to these Terms of Service, as well as other policies enforced and applicable to Android TidBits.  You also agree to be bound by the policies governing the Site.

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