XDA-Developers Terms of Service

1. Terms

This website and related services are owned and operated by KC Online Media, LLC. By accessing the website at http://xda-developers.com or the “XDA” mobile applications (the “Services”), you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing the Services. The materials contained within the Services are protected by applicable copyright and trademark law.

2. Use License

Permission is granted to temporarily download one copy of the materials (information or software) available from the Services for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained used to provide the Services; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or “mirror” the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by KC Online Media, LLC at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

The materials on the Services are provided on an ‘as is’ basis. KC Online Media, LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

Further, KC Online Media, LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on the Services or otherwise relating to such materials or on any sites linked to from the Services.

4. Limitations

In no event shall KC Online Media, LLC or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the Services, even if KC Online Media, LLC or a KC Online Media, LLC authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Accuracy of materials

The materials appearing on the Services could include technical, typographical, or photographic errors. KC Online Media, LLC does not warrant that any of the materials on its website are accurate, complete or current. KC Online Media, LLC may make changes to the materials contained on its website at any time without notice. However KC Online Media, LLC does not make any commitment to update the materials.

6. Links

KC Online Media, LLC has not reviewed all of the sites linked to from the Services and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by KC Online Media, LLC of the site. Use of any such linked website is at the user’s own risk.

7. Modifications

KC Online Media, LLC may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

8. Copyright Policy

We have adopted and implemented a copyright policy in accordance with the Digital Millennium Act.

In our sole discretion, we may disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

9. Privacy Policy

We have a privacy policy covering the collection, use, and disclosure of user information, which can be found at https://www.xda-developers.com/xda-developers-privacy-policy/.

10. Content

We do not control, are not responsible for and make no representations or warranties with respect to any user content. You are solely responsible for your access to, use of and/or reliance on any user content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user content.

You are also responsible for any content that you post or transmit and, if you create an account, you are responsible for all content posted or transmitted through or by use of your account.

Content prohibited from our sites and services includes but is not limited to: (1) illegal content; (2) content in facilitation of the creation, advertising, distribution, provision or receipt of illegal goods or services; (3) offensive content (including, without limitation, court ordered defamatory statements, threatening, hateful or pornographic content); (4) content that discloses another’s personal, confidential or proprietary information; (5) false or fraudulent content (including but not limited to false, fraudulent or misleading responses to user ads transmitted via our sites and services); (6) malicious content (including, without limitation, malware or spyware); (7) content that offers, promotes, advertises, or provides links to posting or auto-posting products or services, account creation or auto-creation products or services, flagging or auto-flagging products or services, bulk telephone numbers, or any other product or service that if utilized with respect to our sites and services would violate these TOU or our other legal rights; and (8) content that offers, promotes, advertises or provides links to unsolicited products or services.

You automatically grant and assign to us, and you represent and warrant that you have the right to grant and assign to us, a perpetual, irrevocable, unlimited, fully paid, fully sub-licensable (through multiple tiers), worldwide license to copy, perform, display, distribute, prepare derivative works from (including, without limitation, incorporating into other works) and otherwise use any content that you post.

11. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Pennsylvania and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.