| page.title=Android Backup Service Terms of Service | |
| excludeFromSuggestions=true | |
| @jd:body | |
| <h3>1. Your relationship with Google</h3> | |
| <p>1.1 | |
| Your use of the Android Backup Service (referred to as the "Service" | |
| in this document) is subject to the terms of a legal agreement between you and | |
| Google. "Google" means Google Inc., whose principal place of business | |
| is at 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States. This | |
| document explains how the agreement is made up, and sets out some of the terms | |
| of that agreement.</p> | |
| <p>1.2 | |
| Unless otherwise agreed in writing with Google, your agreement with Google will | |
| always include, at a minimum, the terms and conditions set out in this | |
| document. These are referred to below as the "Terms".</p> | |
| <p>1.3 The | |
| Terms form a legally binding agreement between you and Google in relation to | |
| your use of the Service. It is important that you take the time to read them | |
| carefully.</p> | |
| <h2>2. Accepting the Terms</h2> | |
| <p>2.1 In | |
| order to use the Service, you must first agree to the Terms. You may not use | |
| the Service if you do not accept the Terms.</p> | |
| <p>2.2 You | |
| can accept the Terms by clicking to accept or agree to the Terms, where | |
| this option is made available to you by Google.</p> | |
| <p>2.3 You | |
| may not use the Service and may not accept the Terms if you are not of legal | |
| age to form a binding contract with Google.</p> | |
| <p>2.4 | |
| You represent that you have full power, | |
| capacity and authority to accept these Terms. If you are accepting on behalf of your employer or | |
| another entity, you represent that you have full legal authority to bind your employer | |
| or such entity to these Terms. If | |
| you don't have the legal authority to bind, please ensure that an authorized | |
| person from your entity consents to and accepts these Terms.</p> | |
| <h2>3. Provision of the Service by Google</h2> | |
| <p>3.1 | |
| Google has subsidiaries and affiliated legal entities around the world ("Subsidiaries | |
| and Affiliates"). Sometimes, | |
| these companies will be providing the Service to you on behalf of Google | |
| itself. You acknowledge and agree that Subsidiaries and Affiliates will be | |
| entitled to provide the Service to you.</p> | |
| <p>3.2 | |
| Google is constantly innovating in order to provide the best possible | |
| experience for its users. You acknowledge and agree that the form and nature of | |
| the Service which Google provides may change from time to time without prior | |
| notice to you.</p> | |
| <p>3.3 As | |
| part of this continuing innovation, you acknowledge and agree that Google may | |
| stop (permanently or temporarily) providing the Service (or any features within | |
| the Service) to you or to users generally at Google's sole discretion, without | |
| prior notice to you. You may stop using the Service at any time. You do not | |
| need to specifically inform Google when you stop using the Service.</p> | |
| <p>3.4 You | |
| acknowledge and agree that if Google disables your Backup Service Key, you and the Android | |
| application(s) you developed ("Application(s)") may be prevented from accessing | |
| the Service and any content that is stored with the Service.</p> | |
| <p>3.5 You | |
| acknowledge and agree that Google may set a fixed upper limit on the number of | |
| backup transmissions you may send or receive through the Service or on the | |
| amount of storage space used for the provision of the Service at any time, at | |
| Google's discretion. You agree to | |
| abide by any such fixed upper limits.</p> | |
| <h2>4. Use of the Service by you</h2> | |
| <p>4.1 In | |
| order to access the Service, you must have a unique application identifier | |
| ("Package Name") for your Application as described in the documentation for the | |
| Service.</p> | |
| <p>4.2 | |
| After supplying Google with the Package Name and accepting the Terms, you will | |
| be issued an alphanumeric key ("Backup Service Key") assigned to you by Google that is | |
| uniquely associated with your Application. Your Application must include this Backup Service Key as | |
| described in the documentation for the Service.</p> | |
| <p>4.3 | |
| There is currently no limit to the number of Backup Service Keys you may obtain in this | |
| manner provided that you use a different Package Name for each Backup Service Key you | |
| obtain. You agree that each Backup Service Key is only valid for Applications with the corresponding | |
| Package Name. You agree that Google may, in its sole | |
| discretion, impose a limit on the number of Backup Service Keys that may be obtained in | |
| the future. You agree that your | |
| continued use of any of the Backup Service Keys assigned by Google, or distribution of any | |
| Applications using such Backup Service Keys, constitutes your continued agreement to these | |
| Terms.</p> | |
| <p>4.4 You | |
| agree to use the Service only for purposes that are permitted by (a) the Terms | |
| and (b) any applicable law, regulation, third-party terms of service, or | |
| generally accepted practices or guidelines in the relevant jurisdictions | |
| (including any laws regarding the export of data or software to and from the | |
| United States or other relevant countries).</p> | |
| <p>4.5 You | |
| agree not to access (or attempt to access) any of the Service by any means | |
| other than through the interfaces, methods, and APIs that are provided by | |
| Google, unless you have been specifically allowed to do so in a separate | |
| agreement with Google.</p> | |
| <p>4.6 You | |
| agree that you will not engage in any activity that interferes with or disrupts | |
| the Service (or the servers and networks which are connected to the Service), | |
| or the servers or networks of any third-party.</p> | |
| <p>4.7 You | |
| agree that your use of the Service will be in compliance with any documentation | |
| guidelines provided by Google and that failure to comply with the documentation | |
| guidelines may result in the disabling of the Backup Service Key(s) for your | |
| Application(s).</p> | |
| <p>4.8 | |
| Unless you have been specifically permitted to do so in a separate agreement | |
| with Google, you agree that you will not reproduce, duplicate, copy, sell, | |
| trade or resell (a) use of the Service, or (b) access to the Service.</p> | |
| <p>4.9 You | |
| agree that you are solely responsible for (and that Google has no | |
| responsibility to you or to any third party for) your and your Application's | |
| use of the Service, any breach of your obligations under the Terms, and for the | |
| consequences (including any loss or damage which Google may suffer) of any such | |
| breach.</p> | |
| <p>4.10 You agree that in your use of the Service, you and | |
| your Applications will protect the privacy and legal rights of users. You must | |
| provide legally adequate privacy notice and protection for users whose data | |
| your Applications back up to the Service. Further, your Application may only | |
| use that information for the limited purpose of backing up the data to the | |
| Service unless the user has given you permission for further use. If the user has not given you | |
| permission to back up information to the Service, you may not transmit such | |
| information to the Service.</p> | |
| <p>4.11 You agree | |
| that you and your Applications will not transmit or store sensitive user | |
| information, such as user names, passwords, or credit card numbers, through the | |
| Service.</p> | |
| <h2>5. Security</h2> | |
| <p>5.1 You | |
| agree and understand that you are responsible for maintaining the security | |
| associated with any information you provide to access the Service as well as of | |
| the Backup Service Key(s) assigned to you by Google. You agree that only you are authorized to use | |
| the Backup Service Key(s) assigned to you.</p> | |
| <p>5.2 | |
| Accordingly, you agree that you will be solely responsible to Google for all | |
| activities that occur in connection with your access to the Service, as well as | |
| the Backup Service Key.</p> | |
| <p>5.3 If | |
| you become aware of any unauthorized use of your Backup Service Key(s) you agree to notify | |
| Google immediately.</p> | |
| <h2>6. Privacy and your personal information</h2> | |
| <p>6.1 For | |
| information about Google's data protection practices, please read Google's | |
| privacy policy at <a | |
| href="http://www.google.com/privacy.html">http://www.google.com/privacy.html</a>. | |
| This policy explains how Google treats your personal information when you use | |
| the Service.</p> | |
| <p>6.2 You | |
| agree to the use of your data in accordance with Google's privacy policies.</p> | |
| <h2>7. Content in the Service</h2> | |
| <p>7.1 You | |
| agree that you are solely responsible for (and that Google has no | |
| responsibility to you or to any third party for) any Content that you or your | |
| Applications transmit or store through the Service and for the consequences of | |
| your actions (including any loss or damage which Google may suffer) by doing | |
| so. You agree that you are solely | |
| responsible for (A) any Content that is transmitted through the Service by your | |
| Applications, and (B) any Content that Devices retrieve from the Service by | |
| virtue of your Applications. For | |
| purposes of the Terms, "Content" means information such as data, messages, | |
| settings information, written text, computer software, music, audio files or | |
| other sounds, photographs, videos or other images. "Device(s)" means device(s) powered by | |
| the Android operating system.</p> | |
| <p>7.2 You | |
| agree that you will not transmit any Content through the Service that is | |
| copyrighted, protected by trade secret or otherwise subject to third party | |
| proprietary rights, including patent, privacy and publicity rights, unless you | |
| are the owner of such rights or have permission from their rightful owner to | |
| transmit the Content through the Service.</p> | |
| <h2>8. Proprietary rights</h2> | |
| <p>8.1 You | |
| acknowledge and agree that Google (or Google's licensors) own all legal right, | |
| title and interest in and to the Service, including any intellectual property | |
| rights which subsist in the Service (whether those rights happen to be | |
| registered or not, and wherever in the world those rights may exist).</p> | |
| <p>8.2 | |
| Unless you have agreed otherwise in writing with Google, nothing in the Terms | |
| gives you a right to use any of Google's trade names, trademarks, service | |
| marks, logos, domain names, and other distinctive brand features.</p> | |
| <p>8.3 If | |
| you have been given an explicit right to use any of these brand features in a | |
| separate written agreement with Google, then you agree that your use of such | |
| features shall be in compliance with that agreement, any applicable provisions | |
| of the Terms, and Google's brand feature use guidelines as updated from time to | |
| time. These guidelines can be viewed online at <a | |
| href="http://www.google.com/permissions/guidelines.html">http://www.google.com/permissions/ | |
| guidelines.html</a> (or such other URL as Google may | |
| provide for this purpose from time to time).</p> | |
| <p>8.4 You | |
| agree that you shall not remove, obscure, or alter any proprietary rights | |
| notices (including copyright, trade mark notices) which may be affixed to or | |
| contained within the Service.</p> | |
| <h2>9. License from Google</h2> | |
| <p>9.1 | |
| Subject to terms and conditions of these Terms, Google gives you a personal, | |
| worldwide, royalty-free, non-assignable and non-exclusive license to use the | |
| Service as provided to you by Google. This license is for the sole purpose of | |
| enabling you to use and enjoy the benefit of the Service as provided by Google, | |
| in the manner permitted by the Terms. </p> | |
| <p>9.2 You | |
| may not (and you may not permit anyone else to) copy, modify, create a | |
| derivative work of, reverse engineer, decompile or otherwise attempt to extract | |
| the source code from the Service or any part thereof, unless this is expressly | |
| permitted or required by law, or unless you have been specifically told that | |
| you may do so by Google, in writing.</p> | |
| <p>9.3 | |
| Unless Google has given you specific written permission to do so, you may not | |
| assign (or grant a sub-license of) your rights to use the Service, grant a | |
| security interest in or over your rights to use the Service, or otherwise | |
| transfer any part of your rights to use the Service.</p> | |
| <h2>10. Your code</h2> | |
| <p>10.1 | |
| Google claims no ownership or control over any source code written by you to be | |
| used with the Service. You retain copyright and any other rights you already | |
| hold in this code, and you are responsible for protecting those rights, as | |
| appropriate.</p> | |
| <h2>11. Ending your relationship | |
| with Google</h2> | |
| <p>11.1 | |
| The Terms will continue to apply until terminated by either you or Google as | |
| set out below.</p> | |
| <p>11.2 | |
| You may terminate your legal agreement with Google by discontinuing your use of | |
| the Service at any time.</p> | |
| <p>11.3 | |
| Google may, at any time, terminate its legal agreement with you if:</p> | |
| <p style='margin-left:1.0em;'> (A) you have breached any provision of the Terms (or have | |
| acted in manner which clearly shows that you do not intend to, or are unable to | |
| comply with the provisions of the Terms); or</p> | |
| <p style='margin-left:1.0em;'> (B) Google is required to do so by law (for example, where | |
| the provision of the Service to you is, or becomes, unlawful); or</p> | |
| <p style='margin-left:1.0em;'> (C) Google is | |
| transitioning to no longer providing the Service; or</p> | |
| <p style='margin-left:1.0em;'> (D) your Application fails to meet the documentation | |
| guidelines provided by Google.</p> | |
| <p>11.4 | |
| Nothing in this Section shall affect Google's rights regarding provision of the | |
| Service under Section 3 of the Terms.</p> | |
| <p>11.5 | |
| When these Terms come to an end, all of the legal rights, obligations and | |
| liabilities that you and Google have benefited from, been subject to (or which | |
| have accrued over time whilst the Terms have been in force) or which are | |
| expressed to continue indefinitely, shall be unaffected by this cessation, and | |
| the provisions of Sections 12, 13 and Paragraph 16 shall continue to apply to | |
| such rights, obligations and liabilities indefinitely.</p> | |
| <h2>12. EXCLUSION OF WARRANTIES</h2> | |
| <p>12.1 | |
| NOTHING IN THESE TERMS, INCLUDING SECTIONS 12 AND 13, SHALL EXCLUDE OR LIMIT | |
| GOOGLE'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR | |
| LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF | |
| CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY | |
| FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF | |
| IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE | |
| LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR | |
| LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.</p> | |
| <p>12.2 | |
| YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE | |
| RISK AND THAT THE SERVICE AND CONTENT ARE PROVIDED "AS IS" AND | |
| "AS AVAILABLE".</p> | |
| <p>12.3 IN | |
| PARTICULAR, GOOGLE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT | |
| REPRESENT OR WARRANT TO YOU THAT:</p> | |
| <p style='margin-left:1.0em;'>(A) YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS,</p> | |
| <p style='margin-left:1.0em;'>(B) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, | |
| SECURE OR FREE FROM ERROR, AND</p> | |
| <p style='margin-left:1.0em;'>(C) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY | |
| SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED.</p> | |
| <p>12.4 NO | |
| ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GOOGLE OR | |
| THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN | |
| THE TERMS.</p> | |
| <p>12.5 | |
| GOOGLE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, | |
| WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED | |
| WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE | |
| AND NON-INFRINGEMENT.</p> | |
| <h2>13. LIMITATION OF LIABILITY</h2> | |
| <p>13.1 | |
| SUBJECT TO OVERALL PROVISION IN PARAGRAPH 12.1 ABOVE, YOU EXPRESSLY UNDERSTAND | |
| AND AGREE THAT GOOGLE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL | |
| NOT BE LIABLE TO YOU FOR:</p> | |
| <p style='margin-left:1.0em;'> (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL | |
| OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY | |
| THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF | |
| PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR | |
| BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF | |
| SUBSTITUTE GOODS OR SERVICE, OR OTHER INTANGIBLE LOSS;</p> | |
| <p style='margin-left:1.0em;'> (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, | |
| INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:</p> | |
| <p style='margin-left:2em;'> (I) ANY | |
| CHANGES WHICH GOOGLE MAY MAKE TO THE SERVICE, OR FOR ANY PERMANENT OR TEMPORARY | |
| CESSATION IN THE PROVISION OF THE SERVICE (OR ANY FEATURES WITHIN THE | |
| SERVICE);</p> | |
| <p style='margin-left:2em;'> (II) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, | |
| ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR | |
| THROUGH YOUR USE OF THE SERVICE;</p> | |
| <p style='margin-left:2em;'> (III) YOUR FAILURE TO PROVIDE GOOGLE WITH ACCURATE ACCOUNT | |
| INFORMATION; OR</p> | |
| <p style='margin-left:2em;'> (IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS | |
| SECURE AND CONFIDENTIAL.</p> | |
| <p>13.2 | |
| THE LIMITATIONS ON GOOGLE'S LIABILITY TO YOU IN PARAGRAPH 13.1 ABOVE SHALL | |
| APPLY WHETHER OR NOT GOOGLE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF | |
| THE POSSIBILITY OF ANY SUCH LOSSES ARISING.</p> | |
| <h2>14. Indemnification</h2> | |
| <p>14.1 You agree to hold | |
| harmless and indemnify Google, and its subsidiaries, affiliates, officers, | |
| agents, employees, or licensors from and against any third party claim arising | |
| from or in any way related to (a) your breach of the Terms, (b) your use of the | |
| Service, or (c) your violation of applicable laws, rules or regulations in | |
| connection with the Service, including any liability or expense arising from | |
| all claims, losses, damages (actual and consequential), suits, judgments, | |
| litigation costs and attorneys' fees, of every kind and nature. In such a case, | |
| Google will provide you with written notice of such claim, suit or action.</p> | |
| <h2>15. Changes to the Terms</h2> | |
| <p>15.1 | |
| Due to things like changes to the law or changes to | |
| functionality offered through the Service, Google may need to change these Terms from time to | |
| time. You should look at the Terms regularly. We'll post | |
| notice of the modified Terms within, or through, the Service. Once the modified Terms are posted, | |
| the changes will become effective immediately, and you are deemed to have accepted the modified | |
| Terms if you continue to use the Service. If you do not agree to the modified | |
| Terms for the Service, please stop using the Service.</p> | |
| <h2>16. General legal terms</h2> | |
| <p>16.1 | |
| The Terms constitute the whole legal agreement between you and Google and | |
| govern your use of the Service (but excluding any service which Google may | |
| provide to you under a separate written agreement), and completely replace any | |
| prior agreements between you and Google in relation to the Service.</p> | |
| <p>16.2 | |
| You agree that Google may provide you with notices, including those regarding | |
| changes to the Terms, by email, regular mail, or postings on the Service.</p> | |
| <p>16.3 | |
| You agree that if Google does not exercise or enforce any legal right or remedy | |
| which is contained in the Terms (or which Google has the benefit of under any | |
| applicable law), this will not be taken to be a formal waiver of Google's | |
| rights and that those rights or remedies will still be available to Google.</p> | |
| <p>16.4 If | |
| any court of law, having the jurisdiction to decide on this matter, rules that | |
| any provision of these Terms is invalid, then that provision will be removed | |
| from the Terms without affecting the rest of the Terms. The remaining | |
| provisions of the Terms will continue to be valid and enforceable.</p> | |
| <p>16.5 | |
| You acknowledge and agree that each member of the group of companies of which | |
| Google is the parent shall be third party beneficiaries to the Terms and that | |
| such other companies shall be entitled to directly enforce, and rely upon, any | |
| provision of the Terms which confers a benefit on (or rights in favor of) them. | |
| Other than this, no other person or company shall be third party beneficiaries | |
| to the Terms.</p> | |
| <p>16.6 | |
| The Terms, and your relationship with Google under the Terms, shall be governed | |
| by the laws of the State of California without regard to its conflict of laws | |
| provisions. You and Google agree to submit to the exclusive jurisdiction of the | |
| courts located within the county of Santa Clara, California to resolve any | |
| legal matter arising from the Terms. Notwithstanding this, you agree that | |
| Google shall still be allowed to apply for injunctive remedies (or an | |
| equivalent type of urgent legal relief) in any jurisdiction.</p> | |