Android Gateway Terms Of Use

Created: 3 years ago , Edited: 2 years ago

Definitions

Device: Any mobile device that can access the Android Gateway, as defined herein.
Applications: Software, content and digital materials created for Devices in accordance with the Android SDK and distributed via the Various Marketplaces.
Marketplaces(s): Any party provides space, hosting service and/or payment processors allowing Android Application developers to publish, sell and tracking applications.

1. Acceptance of terms of use and amendments

Each time you use or cause access to this web site, you agree to be bound by these Terms of Use, as amended from time to time with or without notice to you. In addition, if you are using a particular service on this web site or accessed via this web site, you will be subject to any rules or guidelines applicable to those services, and they will be incorporated by reference within these Terms of Use. Please read the site's Privacy Policy, which is incorporated within these Terms of Use by reference.

2. The Android Gateway's service

Android Gateway and the services provided to you on and via Android Gateway site are provided on an "AS IS" basis. You agree that Android Gateway reserves the right to modify or discontinue provision of this web site and its services, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you. Android Gateway will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information.

For assistance with publishing questions or other applications inquiries, please send email to support@androidgateway.com or fill out the "contact us" form, Android Gateway will try every effort to reply back to you within 24 hours.

3. Your responsibilities and registration obligations

In order to use Android Gateway or certain parts of it, you may be required to register for a user account on Android Gateway; in this case, you agree to provide truthful information when requested, and -- if a minimum age is required for eligibility for a user account -- you undertake that you are at least the required age of 13. By registering for a user account, you explicitly agree to Android Gateway's Terms of Use, including any amendments made by Android Gateway that are published herein.

4. Privacy Policy

Registration data and other personally identifiable information that the site may collect is subject to the terms of Android Gateway's Privacy Policy.

5. Registration and password

You are responsible for maintaining the confidentiality of your password, and you will be responsible for all usage of your user account and/or user name, whether authorized or not authorized by you. You agree to immediately notify Android Gateway of any unauthorized use of your user account, user name or password.

6. Your conduct

You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("content"), made available publicly or privately, will be under the sole responsibility of the developer providing the said content, or of the person whose user account is used. You agree that Android Gateway may expose you to content that may be objectionable or offensive. Android Gateway will not be responsible to you in any way for content displayed on this web site, nor for any error or omission.

By using Android Gateway web site or any service provided, you explicitly agree that:

  1.  you will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of Android Gateway or any service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law;
  2. you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;
  3. you will not collect or harvest any information about other users;
  4. you will not provide, and you will not use Android Gateway site to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce; you will not use Android Gateway site to promote or operate any service or content without Android Gateway prior written consent;
  5. you will not provide any content that may give rise to Android Gateway being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including -- but not limited to -- laws relating to copyrights, trademarks, patents, or trade secrets.

7. Submission of content on Android Gateway site

By providing any content to Android Gateway site:

  1. you agree to grant Android Gateway a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights.) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology already known at the time of provision or developed subsequently;
  2. you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant Android Gateway the license specified in this section 7;
  3. you acknowledge and agree that Android Gateway will have the right (but not obligation), at Android Gateway's entire discretion, to refuse to publish, or to remove, or to block access to any content you provide, at any time and for any reason, with or without notice.

8. Third-party services

Goods and services of third parties may be advertised and/or may be made available on or through this web site. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties. TAndroid Gateway will not in any manner be liable for or responsible for any of your dealings or interaction with third parties.

9. Indemnification

You agree to indemnify and hold harmless Android Gateway and Android Gateway's representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, from any claim or demand, including reasonable legal fees, that may be filed by any third party, arising out of your conduct or connection with this web site or service, your provision of content, your violation of these Terms of Use, or any other violation by you of the rights of another person or party.

10. DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND OF ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS AT YOUR OWN RISK. SERVICES AND CONTENT ARE PROVIDED TO YOU "AS IS", AND ANDROID GATEWAY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

ANDROID GATEWAY MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER ANDROID GATEWAY NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THIS WEB SITE MAY BE USED SOLELY AT YOUR OWN RISK, AND THAT ANDROID GATEWAY WILL NOT BE HELD LIABLE IN ANY WAY.

Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other terms and conditions remain enforceable notwithstanding.

11. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANDROID GATEWAY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ANDROID GATEWAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OF SERVICES OR THE INABILITY TO USE SERVICES, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH SERVICES, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING SERVICES, OR (V) ANY OTHER MATTER RELATING TO SERVICES. In some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you.

12. Reservation of rights

Android Gateway reserves all of Android Gateway's rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that Android Gateway may have in respect of this web site, its content, and goods and services that may be provided. The use of Android Gateway's rights, and property requires Android Gateway's prior written consent. By making services available to you, Android Gateway is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of Android Gateway site or provided services without Android Gateway's prior written consent.

13. Notification of copyright infringement

If you believe that your property has been used in any way that could be considered a copyright infringement or a violation of your intellectual property rights, Android Gateway may be contacted via the contact us form or by email support@androidgateway.com

14. Applicable law

You agree that these Terms of Use and any dispute arising out of your use of this web site or products or services provided will be governed by and construed in accordance with Ontario laws applicable at Android Gateway's domicile, notwithstanding any differences between the said applicable legislation and legislation in force at your location. By registering for a user account on Android Gateway site, or by using Android Gateway site and the services it provides, you accept that jurisdiction is granted to the courts having jurisdiction over Android Gateway's domicile, and that any disputes will be heard by the said courts.

15. Miscellaneous information

In the event that any provision of these Terms of Use is deemed to conflict with legislation by a court with jurisdiction over the parties, the said provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Use will remain valid and applicable; (ii) The failure of either party to assert any right under these Terms of Use will not be considered to be a waiver of that party's right, and the said right will remain in full force and effect; (iii) You agree that any claim or cause in respect of Android Gateway site or its services must be filed within one (1) year after such claim or cause arose, or the said claim or cause will be forever barred, without regard to any contrary legislation; (iv) Android Gateway may assign Android Gateway's rights and obligations under these Terms of Use; in this event, Android Gateway will be relieved of any further obligation.