UPDATED: JUNE 3RD, 2014
OUR TERMS HAVE CHANGED EFFECTIVE IMMEDIATELY FOR USERS WHO USE THIS SITE (AND OUR SERVICES AND PRODUCTS) ON OR AFTER THE DATE ABOVE AND ON JULY 4, 2014, FOR PREVIOUS USERS OF THIS SITE (AND OUR SERVICES AND PRODUCTS).
Cyanogen Inc. and its affiliates are pleased to provide to you its sites, software, applications, content, products and services (“Cyanogen Services”), which may be branded Cyanogen, CyanogenMod or another brand owned or licensed by Cyanogen. These terms govern your use and our provision of the Cyanogen Services. Supplemental terms and conditions may apply to some Cyanogen Services, such as rules for a particular service or other activity, or terms that may accompany certain content or software accessible through the Cyanogen Services. Supplemental terms and conditions will be disclosed to you in connection with such service or activity. Any supplemental terms and conditions are in addition to these terms and, in the event of a conflict, prevail over these terms.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE CYANOGEN SERVICES.
ANY DISPUTE BETWEEN YOU AND US MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION IN THESE TERMS AS IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT.
1. Contract between You and Us
This is a contract between you and Cyanogen Inc., a Delaware corporation, at 516 High Street, Palo Alto, California 94301, USA, or between you and any different service provider identified for a particular Cyanogen Service. You must read and agree to these terms before using the Cyanogen Services. If you do not agree, you may not use the Cyanogen Services. These terms describe the limited basis on which the Cyanogen Services are available and supersede prior agreements or arrangements.
We may amend these terms. Any such amendment will be effective thirty (30) days following either our dispatch of a notice to you or our posting of the amendment on the Cyanogen Services. If you do not agree to any change to these terms, you must discontinue using the Cyanogen Services.
We may immediately terminate this contract with respect to you (including your access to the Cyanogen Services) if you fail to comply with any provision of these terms.
2. The Cyanogen Services
The Cyanogen Services are for your personal, noncommercial use and are intended for informational and personal use only.
The Cyanogen Services are our copyrighted property or the copyrighted property of our licensors or licensees and all trademarks, service marks, trade names, trade dress and other intellectual property rights in the Cyanogen Services are owned by us or our licensors or licensees. Except as we specifically agree in writing, no element of the Cyanogen Services may be used or exploited in any way other than as part of the Cyanogen Services offered to you. We do not transfer title to any portion of the Cyanogen Services to you.
Content and Software License
If a Cyanogen Service is configured to enable the use of software, content, or other materials owned or licensed by us, we grant you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use such software, content, virtual item or other material for your personal, noncommercial use only.
You may not circumvent or disable any content protection system or digital rights management technology used with any Cyanogen Service; decompile, reverse engineer, disassemble or otherwise reduce any Cyanogen Service to a human-readable form; remove identification, copyright or other proprietary notices; or access or use any Cyanogen Service in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands. You may not access or use any Cyanogen Service in violation of United States export control and economic sanctions requirements. By acquiring services, content or software through the Cyanogen Services, you represent and warrant that your access to and use of the services, content or software will comply with those requirements.
Disclaimers and Limitation on Liability
THE CYANOGEN SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS.
WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE HUNDRED U.S. DOLLARS (US $100.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS ITS ESSENTIAL PURPOSE.
THESE DISCLAIMERS AND LIMITATIONS DO NOT AFFECT YOUR RIGHTS AS A CONSUMER OR PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN YOUR JURISDICTION OF RESIDENCE.
Changes to the Cyanogen Services
The Cyanogen Services are constantly evolving and will change over time. If we make a material change to the Cyanogen Services, we will provide you with reasonable notice and you will be entitled to terminate this contract.
Additional Restrictions on Use of the Cyanogen Services
We do not allow uses of the Cyanogen Services that are commercial or business-related, or that advertise or offer to sell products or services (whether or not for profit), or that solicit others (including solicitations for contributions or donations). You agree not to knowingly or recklessly introduce a virus or other harmful component, or otherwise tamper with, impair or damage any Cyanogen Service or connected network, or interfere with any person or entity’s use or enjoyment of any Cyanogen Service. Additionally, you agree not to access, monitor or copy any element of the Cyanogen Services using a robot, spider, scraper or other automated means or manual process without our express written permission.
Third-Party Devices, Services and Content
If you access a Cyanogen Service using an Android powered device, Google, Inc. and the device manufacturer, respectively, shall be a third-party beneficiary to this contract. However, these third-party beneficiaries are not a party to this contract and are not responsible for the provision or support of the Cyanogen Services. You agree that your access to the Cyanogen Services using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.
When you access the Cyanogen Services through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using certain Cyanogen Services may be prohibited or restricted by your network provider and not all Cyanogen Services may work with your network provider or device.
3. Your Content and Account
User Generated Content
The Cyanogen Services may allow you to communicate, submit, upload or otherwise make available text, images, audio, video, competition entries or other content (“User Generated Content”), which may be accessible and viewable by the public or other users of Cyanogen Services. Access to these features may be subject to age restrictions. You may not submit or upload User Generated Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.
Subject to the application of open source licenses in connection with the Android Open Source Project and Cyanogen’s Contributor License Grant, we do not claim ownership to your User Generated Content. You grant us a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such User Generated Content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with the Cyanogen Services and on third-party sites and platforms), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.
You represent and warrant that your User Generated Content conforms to these terms and that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your User Generated Content in all manners contemplated by these terms. You agree to indemnify and hold us and our subsidiary and affiliated companies, and each of their respective employees and officers, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party arising out of or in connection with our use and exploitation of your User Generated Content. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights.
To the extent that we authorize you to create, post, upload, distribute, publicly display or publicly perform User Generated Content that requires the use of our copyrighted works, we grant you a non-exclusive license to create a derivative work using our copyrighted works as required for the purpose of creating the materials, provided that such license shall be conditioned upon your assignment to us of all rights in the work you create. If such rights are not assigned to us, your license to create derivative works using our copyrighted works shall be null and void.
We have the right but not the obligation to monitor, screen, post, remove, modify, store and review User Generated Content or communications sent through a Cyanogen Service, at any time and for any reason, including to ensure that the User Generated Content or communication conforms to these terms, without prior notice to you. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users.
Some Cyanogen Services permit or require you to create an account to participate or to secure additional benefits, such as a CyanogenMod Account or a CyanogenMod Forum Account. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us and, if applicable, your payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide, including contact information for a parent or guardian.
We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of the accounts of users who are repeat infringers of copyright. In addition, we may suspend or terminate your account and your ability to use the Cyanogen Services if you engage in, encourage or advocate for illegal conduct, or if you fail to comply with these terms or any supplemental terms.
Passwords and Security
You are responsible for taking reasonable steps to maintain the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving the Cyanogen Services.
The security, integrity and confidentiality of your information are extremely important to us. We have implemented technical, administrative and physical security measures that are designed to protect your information from unauthorized access, disclosure, use and modification.
4. Paid Transactions
Identity of Seller
Sales are made by Cyanogen or the seller identified at the time of sale, if different. If you have questions about your order, please contact the seller at the address provided and they will assist you. Some storefronts on the Cyanogen Services may be operated by third parties and, in that case, different or additional sale terms may apply, which you should read when they are presented to you.
Digital Content and Virtual Items
We may make applications, games, software or other digital content available on the Cyanogen Services for you to license for a one-time fee. When purchasing a license to access such material from a Cyanogen Service, charges will be disclosed to you on the Cyanogen Service before you complete the license purchase.
Your purchase of a virtual item or in-game currency is a payment for a limited, non-assignable license to access and use such content or functionality in the Cyanogen Services. Virtual items (including characters and character names) or in-game currency purchased or available to you in the Cyanogen Services can only be used in connection with the Cyanogen Services where you obtained them or where they were developed by you as a result of game play. These items are not redeemable or subject to refund and cannot be traded outside of the Cyanogen Services for money or other items for value. We may modify or discontinue virtual items or in-game currency at any time.
Some Cyanogen Services require paid subscriptions to access. By signing up for a subscription, you agree that your subscription will be automatically renewed. We will notify you prior to each auto-renewal and unless you cancel your subscription, you authorize us to charge your payment method for the renewal term. The period of auto-renewal will be the same as your initial subscription period unless otherwise disclosed to you at the time of sale. The renewal rate will be no more than the rate for the immediately prior subscription period, excluding any promotional and discount pricing, unless we notify you of a rate change prior to your auto-renewal. You must cancel your subscription in accordance with the cancellation procedures disclosed to you for the particular Cyanogen Service. We will not refund fees that may have accrued to your account and will not prorate fees for a cancelled subscription. From time to time, we may offer a free trial subscription for a Cyanogen Service. If you register for a free trial subscription, we will begin to bill your account when the free trial subscription expires, unless you cancel your subscription before that time.
The Order Process
You will have the opportunity to review and confirm your order, including delivery address (if applicable), payment method and product details. We will send to you a notice when we accept your order and our acceptance will be deemed complete and for all purposes to have been effectively communicated to you at the time we send the notice. At such time, the contract for sale will be made and become binding on both you and us. The risk of loss in any goods you purchase and the responsibility to insure them passes to you when the relevant goods are delivered.
We reserve the right to refuse or cancel any order prior to delivery. Some situations that may result in your order being cancelled include system or typographical errors, inaccuracies in product or pricing information or product availability, fairness among customers where supplies are limited, or problems identified by our credit or fraud departments. We also may require additional verification or information before accepting an order. We will contact you if any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after we have processed your payment but prior to delivery, we will refund your payment.
Payments and Billing
When you provide payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information. We reserve the right to utilize third party credit card updating services to obtain current expiration dates on credit cards. If you use a payment method other than a credit card, you may incur an additional payment processing fee and may not be able to automatically renew subscriptions.
Right of Cancellation
When you subscribe to a Cyanogen Service, you have the right to withdraw from your contract within fourteen (14) days after your receipt and acceptance of these terms and you will receive a full refund of the subscription fee paid. For semi-annual and annual subscriptions, if notice of cancellation is received within the first thirty (30) days following the first day of initial billing, you will receive a refund of the subscription fees paid, but will still be obligated to pay other charges incurred. Notices of withdrawal or cancellation must be in writing and delivered to the address provided in connection with the relevant Cyanogen Service.
All license purchase fees are non-refundable. When purchasing a license to access digital content or virtual items, you agree that you are not entitled to a cancellation or cooling-off period and that the license purchase becomes final when you receive delivery of or otherwise access such content.
Right of Return
You have the right, within thirty (30) days from the date of your receipt of the relevant goods, to cancel our contract with you and return the goods. This right does not apply to digital content, virtual items or products stated by us on the Cyanogen Services to be non-returnable, including devices or physical media that have been used and/or unsealed; provided, however, Cyanogen may charge a re-stocking fee as a condition to accepting a returned device.
Please note that the rights of cancellation and return do not apply for personalized goods. Cancellations and changes to personalized goods cannot be made once you have submitted your order and personalized items cannot be returned unless there is a manufacturing error or product defect. We reserve the right to refuse personalized orders at our discretion. Inappropriate use of our personalization service will cause your order to be cancelled and any payment refunded.
We may revise the pricing for products and services we offer. If you pay a periodic subscription fee for a Cyanogen Service, we will provide you with reasonable notice of changes to the fees or billing methods in advance of their effective date and you will be able to cancel your subscription prior to such change. When you place your order, we estimate the tax and include that estimate in the total for your convenience. The actual tax amount that will be applied to your order and charged to your payment method is based on calculations on the date of shipment, regardless of when the order was placed.
International Shipping; Customs
When ordering goods for delivery to countries other than the country where the seller is located, you may have to pay import duties and taxes levied. These and any additional charges for customs clearance must be borne by you. For goods shipped internationally, please note that any manufacturer warranty may not be valid; manufacturer service options may not be available; manuals, instructions and safety warnings may not be in destination country languages; the goods and accompanying materials may not be designed in accordance with destination country standards, specifications, and labeling requirements; and the goods may not conform to destination country voltage (requiring use of an adapter or converter). You are responsible for assuring the goods can be lawfully imported to the destination country. When ordering from us, the recipient is the importer of record and must comply with all laws and regulations of the destination country.
5. Additional Provisions
Submissions and Unsolicited Ideas Policies
In connection with any ideas, suggestions or materials you submit to us – whether or not solicited by us – you agree that ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type. Contributions made pursuant to Cyanogen’s Contributor License Grant are governed by the terms of such agreement.
Claims of Copyright Infringement
Notifications of claimed copyright infringement and counter notices must be sent to our designated agent:
516 High Street
Palo Alto, California 94301
We are only able to accept notices in the languages into which these terms are made available by us.
We will respond expeditiously to claims of copyright infringement committed using the Cyanogen Services that are reported to our Designated Copyright Agent, identified above, in accordance with the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) or, as applicable, other laws. With respect to Cyanogen Services hosted in the United States, these notices must include the required information set forth in the DMCA and described in detail as part of Title 17, United States Code, Section 512(c).
Choice of Forum
You agree that any action at law or in equity arising out of or relating to these terms or the Cyanogen Services shall be filed, and that venue properly lies, only in the state or federal courts located in the County of Santa Clara, State of California, United States of America and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.
Choice of Law
These terms are governed by and construed in accordance with the laws of the State of California and the laws of the United States, without giving effect to any conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this contract and is expressly excluded.
Binding Arbitration and Class Action Waiver
You and Cyanogen agree to arbitrate all disputes between you and Cyanogen or its affiliates, except disputes relating to the enforcement of Cyanogen or its affiliates’ intellectual property rights. “Dispute” includes any dispute, action or other controversy between you and us concerning the Cyanogen Services or these terms, whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis.
In the event of a dispute, you or Cyanogen must send to the other party a notice of dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute, and the relief requested. You must send any notice of dispute to Cyanogen Inc., 516 High Street, Palo Alto, California 94301, USA, Attention: Legal/Arbitration Notice. We will send any notice of dispute to you at the contact information we have for you. You and Cyanogen will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After sixty (60) days, you or we may commence arbitration. You may also litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first.
If you and Cyanogen do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be settled by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes. For more information, visit www.adr.org or, in the United States, call 800-778-7879. Arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
If you are a resident of the United States, arbitration will take place at any reasonable location convenient for you. For residents outside the United States, arbitration shall be initiated in the County of Santa Clara, State of California, United States of America, and you and Cyanogen agree to submit to the personal jurisdiction of the federal or state courts located there, in order to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor Cyanogen will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.
If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
The provisions of these terms which by their nature should survive the termination of these terms shall survive such termination.
No waiver of any provision of these terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.
NOTHING IN THESE TERMS IS INTENDED TO AFFECT YOUR RIGHTS UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE. IF THERE IS A CONFLICT BETWEEN THOSE RIGHTS AND THESE TERMS, YOUR RIGHTS UNDER APPLICABLE LOCAL LAW WILL PREVAIL.