Published: 27 January 2013
By using or visiting the website or applications IdeaAndroid Music Buttons IdeaAndroid or any products, programs, data delivery and services provided to you, from or through the Android Idea / Music Buttons (collectively, "Services"), you signify the your agreement to (1) these terms and conditions ("Terms of Service"), (2) the notice of privacy Idea Apps / Music Buttons located on the download site Application and incorporated herein by reference, and (3) Community Guidelines Idea Apps / Music Buttons located on site AndroidIdea.com and the community and also incorporated herein by reference. If you do not agree with any of these terms, with the privacy notice Idea Apps / Music Buttons or Community Guidelines, please do not use the Service.
Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most current version, (this file). Idea Apps / Music Buttons may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to abide by such modifications or revisions. Nothing in these Terms of Service shall be taken as granting any rights or benefits to third parties.
It is important to know that the Website is controlled and offered by Idea Apps / Music Buttons from its facilities in the United States. Idea Apps / Music Buttons not guarantee that the website Idea Apps / Music Buttons are appropriate or available for use in other locations. Those who access or use the Website Idea Apps / Music Buttons from other jurisdictions do so on their own and are responsible for compliance with local laws / national.
2. The Service
These Terms of Service apply to all users of the Service, including users who are also contributors Content on the Service. "Content" includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials that you can see, access, or contribute to the Service. The Service includes all aspects of Idea Apps / Music Buttons, including but not limited to all products, programs and services offered via the channels of Idea Apps / Music Buttons, the "Embeddable Player" Idea of Android / Music Buttons, the "Uploader" Idea of Android / Music Buttons and other applications.
The Service may contain links to third party websites that are not owned or controlled by Idea Apps / Music Buttons. Idea Apps / Music Buttons have no control, and assumes no responsibility for the content, privacy policies, or practices of any third party site. Additionally, Idea Apps / Music Buttons can not and will not censor or edit the content of any third party site. By using the Service, you expressly relieve Idea Apps / Music Buttons from any and all liability for the use of any third party site.
3. Idea Apps Accounts / Music Buttons
To access some features of the Service, you must create an account Idea Apps / Music Buttons or a Google account. You may never use another's account without permission. When creating your account, you must provide accurate and complete. You are solely responsible for activity that occurs on your account, and you must keep your account password in place seguro.Você must notify the Idea Apps / Music Buttons immediately of any breach of security or unauthorized use of your account.
Although the Idea Apps / Music Buttons not responsible for any loss caused to you by the unauthorized use of your account, you may be liable for the losses of Idea Apps / Music Buttons or others due to such unauthorized use.
4. General Use of the Service-Permissions and Restrictions
Through this, Idea Apps / Music Buttons grants you permission to access and use the Service as described in these Terms of Service, provided that:
You agree not to distribute / by any means any portion of the Service or the Content without the prior written permission of Idea Apps / Music Buttons, unless the Idea Apps / Music Buttons furnishes the means of distribution through functionality offered by the Service (as "Embeddable Player).
You agree not to alter or modify any part of the Service.
You agree not to access Content through any technology or means other than the video playback pages of the Service itself, the "Embeddable Player" or other explicitly authorized means that the Idea Apps / Music Buttons may designate.
You agree not usaro Service for any of the following commercial uses unless you obtain the prior written approval of the Idea Apps / Music Buttons:
the sale of access to the Service;
the sale of advertising, sponsorships or promotions linking the Service or the Content, or
the sale of advertising, sponsorships or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not obtained from Android Idea / Music Buttons appear on the same page and is of sufficient value to be the base such sales.
Prohibited commercial uses do not include:
submit an original video in Idea Apps / Music Buttons or maintaining an original channel on Idea Apps / Music Buttons to promote your business or artistic enterprise, and
show videos of Idea Apps / Music Buttons through "Embeddable Player" on a blog or site with ad enabled, subject to the advertising restrictions set forth above in Section 4.D; or
any use that Idea Apps / Music Buttons expressly authorizes in writing.
If you use the Embeddable Player on your website, you may not modify, extend or block any portion or functionality of the Embeddable Player, including but not limited to link to the site Idea Apps / Music Buttons.
If you use the Uploader Idea Apps / Music Buttons, You agree that this device may automatically download and install updates from time to time the Idea Apps / Music Buttons. These updates are designed to improve, enhance and further develop the Uploader and may make bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit the Idea Apps / Music Buttons send them to you) as part of your use of the Uploader.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders" or "offline readers," that accesses the Service in a manner that sends more request messages to the servers Idea Apps / Music Buttons in a given period of time than a human can reasonably produce in the same period by using a conventional browser. Notwithstanding the foregoing, the Idea Apps / Music Buttons grants permission to operators of public search engines to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary, to create indices and provide public searchable materials, but not caches or archives of such materials. Idea Apps / Music Buttons reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (eg comments, email) for purposes of commercial solicitation. You agree not to solicit, for commercial purposes, any users of the Service with respect to Your Content.
By using the Service, you must comply with all applicable laws and regulations, whether regional, national or international.
Idea Apps / Music Buttons reserves the right to discontinue any aspect of the Service at any time.
5. Use of Content
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.
The Content on the Service and the trademarks, service marks and logos ("Trademarks") on the Service, are owned by or licensed to Idea Apps / Music Buttons, subject to copyright and other intellectual property rights under the law .
The Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the functionality provided by the Service and as permitted in these Terms of Service. You can not download any Content unless you see a "download" or similar link displayed by Idea Apps / Music Buttons on the Service for that Content. You may not copy, reproduce, distribute, transmit, display, sell, license or otherwise exploit any Conteúdopara any other purposes without the prior written consent of Idea Apps / Music Buttons or its Content licensors. Idea Apps / Music Buttons and its licensors reserve all rights not expressly granted in and to the Content to the Service ee.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
You understand that by using the Service, you will be exposed to Content from a variety of sources, and that the Idea Apps / Music Buttons no responsibility for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent or objectionable, and you agree to waive, as it does indeed entitled to any compensation or legal or equitable, present or future, against Idea Android / Music Buttons in relation to these issues, and, to the extent permitted by law, agree to indemnify and hold harmless Idea Apps / Music Buttons, its owners, operators, affiliates, licensors and licensees, to the maximum extent permitted by law, in relation to all matters relating to use of the Service.
6. Your Content and Conduct
As an account holder Idea Apps / Music Buttons You may submit Content to the Service, including videos and user comments You understand that the Idea Apps / Music Buttons does not guarantee any confidentiality with respect to any Content that you submit.
You are solely responsible for your Content and the consequences of posting or publishing it. You affirm, represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content that you submit, and You authorize Idea Apps / Music Buttons to use all patents, trademarks, trade secrets, rights copyright or other proprietary rights and such Content for publication on the Service pursuant to these Terms of Service.
For clarity, You retain all ownership rights in your Content. However, by submitting Content to Idea Apps / Music Buttons, You hereby cedes to Idea Apps / Music Buttons worldwide, non-exclusive, royalty-free, capable of being transferred and sublicensed, to use, reproduce, distribute, prepare derivative works of, display and perform the Content in connection with the Service and Idea Apps / Music Buttons (and its successors' and affiliates), including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also yields to all users of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted by funcionalidadesdo Service and under these Terms of Service . The above licenses granted by you in the Video Content that You upload to the Service will terminate dento a commercially reasonable time after you remove or delete your videos from the Service. The above licenses, granted by you in User Comments regarding what you send, are perpetual and irrevocable.
You say that not submit material copyrighted by trade secret or otherwise protected by rights of third parties, unless you have permission from the rightful owner of the material or if you are legally entitled to post the material and to grant Idea Apps / Music Buttons all license rights granted herein.
Additionally, you also agree that you will not submit to the Service any Content or other material that is contrary to the Community Guidelines Idea Apps / Music Buttons, which can be found on site, and which may be updated from time to time, or are contrary to local laws and regulations, national and international.
Idea Apps / Music Buttons does not endorse any Content submitted to the Service by any user or licensor, or any opinion, recommendation, or advice expressed therein, and Idea Apps / Music Buttons expressly disclaims any and all liability in connection with Content. Idea Apps / Music Buttons allows activities that do not violate the copyright or intellectual property rights in his service, and Idea Apps / Music Buttons will remove all Content if properly notified that such Content infringes the intellectual property right of any another person. Idea Apps / Music Buttons reserves the right to remove Content without prior notice.
7. Cancellation Policy Account
Idea Apps / Music Buttons cancel a User's access to the Service if, under appropriate circumstances, the user will show a stubborn offender. Contumacious offender is the User who has been notified of infringing activity more than twice.
Idea Apps / Music Buttons reserves the right to decide whether Content is appropriate and complies with these Terms of Service with respect to offenses other than those infractions or violations of copyright law, such as, but not limited to, pornography, obscene or defamatory material, (including defamation, libel or slander), or excessive length. Idea Apps / Music Buttons may at any time, without notice and in its sole discretion, remove such Content and / or terminate a User account for uploading such material that violates the Terms of Service.
8. Millenium Act (Millennium Act) Digital Authoring
If you are the copyright holder or a representative of a copyright holder and believe that any Content infringes your copyright, you may submit a notification pursuant to Law Millenium Authoring Digital (Digital Millennium Copyright Act - "DMCA") by providing the Our Copyright Agent the following information in writing (see 17 USC 512 (c) (3) for more details):
Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work allegedly infringed, or if multiple copyrighted works at a single online site are covered by a single notification, send a representative list of such works at that site;
Identification of the material allegedly infringed or subject of infringing activity that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number and, if possible, email address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
A statement that the information in the notification is accurate, and under penalty of suffering the penalties provided by law, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Counter-Notification. If you believe that your Content was removed (or to which access was disabled) is not infringing, or that you have permission of the copyright owner, the representative of the holder or under the law, to post and use the content, you can send a counter-notification to the Copyright Agent with the following information:
Physical or electronic signature;
Identification of the Content removed or to which access has been disabled and the location where the Content appeared before it was removed or disabled;
A statement that you believe in good faith that the content was removed or disabled as a result of mistake or a misidentification of the Content; and
Name, address, telephone number and electronic mail address, a statement that is submitted to the jurisdiction of the federal court in San Francisco, California, and a statement that you will receive service of process from the person who provided notification of the alleged infringement.
If the Copyright Agent to receive a counter notification, Idea Apps / Music Buttons can send a copy of the counter-notice to the original complaining party informing that the removed Content may be replaced on site or cease disabling it in 10 business days. If the copyright owner does not bring an action seeking a court order against the service provider, member or user, the removed Content may be replaced, or access to it restored, from 10 to 14 business days or more after receipt of the Counter Notification at the sole discretion of Idea Apps / Music Buttons.
YOU AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK, TO THE EXTENT PERMITTED BY LAW. YOUTUBE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE AND THE USE THEREOF BY YOU. YOUTUBE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THIS SITE OR THE CONTENT OF ANY LINKED SITE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) ANY PERSONAL OR MATERIALS OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND / OR ANY AND ALL PERSONAL INFORMATION AND / OR FINANCIAL INFORMATION STORED THEREIN WERE NOT AUTHORIZED , (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND / OR ( V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE. YOUTUBE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINK THE SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND YOUTUBE WILL NOT BE IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A
PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
10. Limitation of Liability
IN NO EVENT SHALL YOUTUBE, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR MATERIALS OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND / OR ANY AND ALL PERSONAL INFORMATION AND / OR FINANCIAL INFORMATION STORED THEREIN HAS NOT BEEN AUTHORIZED, ( IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND / OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO ABOVE THE MAXIMUM EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT YOUTUBE NOT BE LIABLE FOR THE CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
To the extent permitted by applicable law, You agree to defend, indemnify and hold Idea Apps / Music Buttons, its parent, its officers, directors, employees and agents from any and all claims, damages, obligations, losses, costs or debt (including, but not limited to attorneys' fees) arising from: (i) use and access to the Service, (ii) your violation of any provision of these Terms of Service, (iii) your violation of any third party right, including, but not limitation any copyright, property, or privacy, or (iv) any claim that any Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and to use the Service.
These Terms of Service Use, and any rights and licenses granted in accordance with the present can not be transferred or assigned by you, but may be assigned by Idea Apps / Music Buttons without restriction.
13. General Provisions
You agree that: (i) the headquarters of the Service shall be deemed solely based in California, and (ii) the Service will be deemed a passive website that does not give rise to personal jurisdiction over Idea Apps / Music Buttons, either specific or general, in jurisdictions other than the California. These Terms of Service will be governed by the internal laws of the State of California without regard to principles of conflicts of laws. Any claim or dispute between you and the Service which arises wholly or partly Service shall be decided exclusively by a court of competent jurisdiction located in Santa Clara County, California. These Terms of Service, together with the Privacy Notice located on site IdeaAndroid.com and any other legal notices published by Idea Apps / Music Buttons on the part of the service contract between you and the Idea Apps / Music Buttons in relation to the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall not be deemed a further or continuing waiver that or any other term, and omission by the Idea Apps / Music Buttons not enforce any right or provision under these Terms of Service shall not constitute waiver of such right or provision. Idea Apps / Music Buttons reserves the right to change these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service to verify the occurrence of any change. The use of the Service by you following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOUTUBE AND YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION. OTHERWISE, THE RIGHT prescribe.
Date: 10 January 2013