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U.S. Cellular Developer Portal Terms and Conditions

 

The U.S. Cellular Developer Portal Web site (the “Developer Portal”) is maintained by USCC Services, LLC, on behalf of itself and its Subsidiaries (as hereinafter defined) (collectively, “U.S. Cellular”) for use by developers interested in obtaining resource information about the development of software applications for mobile devices.  When you or any other person, employee or representative authorized by you (collectively referred to as “You” or “Your”) use the Developer Portal, You accept the Terms and Conditions stated below (these “Terms and Conditions”).  You should not use the Developer Portal if You do not agree with these Terms and Conditions.  For purposes of these Terms and Conditions, “Subsidiaries” means an entity which is an FCC licensee and (i) with which United States Cellular Corporation, a Delaware corporation, has a management agreement, (ii) in which an entity 100% of which is owned, directly or indirectly, by United States Cellular Corporation is a general partner, or (iii) in which United States Cellular Corporation has at least a 50% direct or indirect ownership or controlling interest.

 

  1. Content Ownership. The Developer Portal provides You access to technical resources, such as product, service, and network information, and contains trademarks, service marks, logos, copyrights, other intellectual property, including, without limitation, text, data, graphics, audio, video, and product, service,  network, process, and technical descriptions and information (collectively, the “Content”) owned by, licensed to, and/or supplied to U.S. Cellular. As between You and U.S. Cellular (and its third party Content licensors and suppliers), U.S. Cellular or such third party Content licensors and suppliers are the sole owners of all Content on the Developer Portal, including, without limitation, all copyrights, trademarks, service marks, patent, trade secret, and other intellectual property rights thereto. U.S. Cellular and its Content licensors and suppliers are the sole owners of the Developer Portal. The Developer Portal may contain links and references to third party websites, which are provided for Your convenience.  U.S. Cellular is not responsible for the content or information contained on such third party websites.

 

  1. Developer Portal Account. In order to use certain features of the Developer Portal, You will be asked to create a user Account and password (an “Account”) and provide certain registration information.  U.S. Cellular will approve all requests for an Account in its discretion.  U.S. Cellular reserves the right to refuse registration for an Account in its discretion.  You agree to provide U.S. Cellular with current, accurate and complete information in establishing Your Account.  This may include Your e-mail address, name, phone number and your password and reminder questions.  You agree to notify U.S. Cellular immediately of any changes in Your registration information.  You are responsible for updating your e-mail address.  If your e-mail address is not current you will not receive any notices relating to the Developer Portal.  You are solely responsible for maintaining the confidentiality of your password(s) and security information such as your login information and security keys or identifiers.  You may be provided and required to use confidential security keys or identifiers to access Your Account.  You agree not to allow anyone else access to Your Account or to provide anyone with your Account information, password(s), login information or security keys or identifiers.  If You allow others to access Your Account, You will be responsible for all actions that such persons might take with respect to Your Account.  If You believe that your password or other security information for the Developer Portal has been lost or stolen, please contact U.S. Cellular immediately at by email at admindeveloperpo@uscellular.com.  U.S. Cellular will not be liable for any loss or damage arising from Your failure to comply with this section.

 

  1. Consent to Electronic Notices.  You agree to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that U.S. Cellular provides in connection with the Developer Portal and Your Account. U.S. Cellular will provide these Communications to You by posting them on the Developer Portal and/or by emailing them to You at the primary email address listed in Your Account.   It is Your responsibility to keep Your primary email address up to date so that U.S. Cellular can communicate with you electronically.  You understand and agree that if U.S. Cellular sends You an electronic Communication but You do not receive it because Your primary email address on file is incorrect, out of date, blocked by your service provider or You are otherwise unable to receive electronic Communications, U.S. Cellular will be deemed to have provided the Communication to You.  If Your email address becomes invalid such that electronic Communications sent to you by U.S. Cellular are returned, U.S. Cellular may deem Your Account to be inactive, and You will not be able to use Your Account or applicable portions of the Developer Portal until U.S. Cellular receives a valid, working primary email address from You.

 

  1. Limited License; Restricted Content. Subject to Your compliance with these Terms and Conditions, and in consideration of Your promises reflected herein, U.S. Cellular grants to You a limited, non-exclusive, revocable, non-transferable, non-sublicensable license (the “License”) to access, view and use the Developer Portal, including the Content contained therein, during the Term (as defined below in Section 10), subject to any access restrictions or fees U.S. Cellular may establish from time to time. You may download, view, copy and print the Content solely for Your own use.  Notwithstanding anything contained in these Terms and Conditions to the contrary, certain of the Content on the Developer Portal may be restricted and not accessible even after you establish Your Account.  U.S. Cellular may require you to provide additional information or sign additional agreement(s) with U.S. Cellular in order to access such restricted Content.

 

  1. License Restrictions.   You are not permitted to download, copy or otherwise use the Developer Portal, or any content available on the Developer Portal, in whole or part, except as expressly permitted within the Developer Portal. You are not permitted to distribute, assign, transfer or sublicense any right to use the Developer Portal, either in whole or part, to any third party. You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Developer Portal except as expressly permitted within the Developer Portal. You may not use any such automated means to manipulate the Developer Portal or attempt to exceed the limited authorization and access granted to You under these Terms and Conditions. You may not resell use of, or access to, the Developer Portal to any third party.

 

  1. Links.  You may not link to the Developer Portal in any manner reasonably likely to (a) imply affiliation with or endorsement or sponsorship by U.S. Cellular, (b) cause confusion, mistake, or deception, (c) dilute U.S. Cellular's trademarks or service marks, or (d) otherwise violate state or federal law. In addition, You may only link to the home page of the Developer Portal unless U.S. Cellular authorizes You to link to other pages of the Developer Portal. 

 

  1. Privacy.  U.S. Cellular respects the privacy of its customers and any person who visits its websites.  Please review U.S. Cellular’s privacy statement at http://www.uscellular.com/site/privacy/privacy-statement.html (the “Privacy Statement”) which explains U.S. Cellular’s policies for the collection, use and sharing of Confidential Personal Information.  By using the Developer Portal, You consent to U.S. Cellular providing Your Confidential Personal Information to third party vendors, suppliers, and affiliates solely for the purposes described in the Privacy Statement. Subject to these Terms and Conditions, the relevant provisions of the Privacy Statement are incorporated by this reference.

 

  1. Forums. U.S. Cellular may make forums available within the Developer Portal in order for developers to request and provide development help and share tips.  By submitting comments, posts, content, information, or messages (“Posts”) to such forums, You represent and warrant that: (a) You own and control all rights to the content in Your Posts, that You transmit or otherwise make available, or You have the lawful right to distribute, reproduce, and provide such content; (b) the Posts are accurate and not misleading; and (c) providing such Posts does not: (i) violate this Agreement or (ii) violate the rights of, or cause any injury to, any person or entity.

 

You understand and agree that U.S. Cellular cannot guarantee the identity, statements or representations of any other users with whom You may interact in the course of using the Developer Portal or the forums. Additionally, U.S. Cellular cannot guarantee that any Posts obtained from our users or otherwise, is accurate, complete, authentic, current or reliable. Users should be aware that forums and discussion groups are public and not private communications. Further, users acknowledge that Posts by other users are not endorsed by U.S. Cellular, and that such Posts shall not be considered as having been reviewed, screened or approved by U.S. Cellular. 

You agree not to submit or transmit any Post that (a) is libelous, defamatory, vulgar or obscene, pornographic, sexually offensive or explicit, harmful or harassing, threatening, hateful, racially, culturally, ethnically or otherwise objectionable or offensive, discriminatory or abusive; (b) violates any law or regulation or the rights of others; (c) infringes any copyright, trademark or other intellectual property right, or any proprietary or personal rights or confidentiality obligations of others; or (d)  is a solicitation for funding, advertising or solicitation for goods or services; or (e)  which is used to unlawfully collude against another person in restraint of trade and competition.  You are solely responsible and liable for any such activity, behavior, use and conduct.  This means that You, and not U.S. Cellular or its, suppliers, or licensors, are entirely responsible for all Posts You submit or transmit. 

 

You grant U.S. Cellular a royalty-free, perpetual, irrevocable license to use Your Posts. Under no circumstances will U.S. Cellular or its suppliers, or licensors be liable in any way to You for any Posts, including, but not limited to, any errors or omissions in any content, information, or messages, or any loss or damage of any kind incurred as a result of the use of any such content, information or messages posted, emailed, transmitted.  You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from Your Post to a forum.  U.S. Cellular reserves the right to, but may not, review every Post by You on forums.  U.S. Cellular reserves the right to delete, move or edit, at its sole discretion, any Post that does not comply with this paragraph. You acknowledge that any Post may be edited, removed, modified, published, transmitted, excerpted, translated and displayed by U.S. Cellular. U.S. Cellular is under no obligation to use any Post you transmit or submit. You agree that U.S. Cellular is not under any obligation of confidentiality, express or implied, with respect to Your Post. 

Any  Post, comments, content, information or materials sent to U.S. Cellular, including, but not limited to, data,  ideas, answers, questions, comments, suggestions, feedback or the like (collectively, "Feedback"), is non-confidential and shall become U.S. Cellular’s property. U.S. Cellular shall have no obligation to You of any kind, monetary or non-monetary, with respect to Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works from and distribute the Feedback to others without limitation or obligation.  You acknowledge that U.S. Cellular has absolutely no liability for alleged infringement or misappropriation in connection with Feedback.  The submission of Feedback to U.S. Cellular will in no way prevent, or require, the purchase, manufacture or use of any products, services, plans or ideas by U.S. Cellular for any purpose whatsoever.

Your use of the forums, if any, will further be governed by any U.S. Cellular Developer Community Rules that are posted from time to time and available for review within the forums.  Those rules are incorporated into these Terms and Conditions by this reference.

 

  1. Subject to Change. U.S. Cellular reserves the right to modify these Terms and Conditions, the Privacy Statement, and the business policies and practices associated with the use of the Developer Portal. Such modifications may include, without limitation, implementation of user priorities, implementation of rules for use by You, and discontinuance of functional aspects of the Developer Portal, and changes in prices. U.S. Cellular may also add, withdraw or modify any Content contained within the Developer Portal at any time in its sole discretion.  Your use of the Developer Portal following such changes is Your agreement to be bound by such changes.

 

  1. Term. The period during which You are entitled to use the Developer Portal (“Term”) begins on the date upon which You agree to these Terms and Conditions and ends automatically when your access to the Developer Portal or Your Account is terminated. U.S. Cellular may revoke or terminate Your Access to the Developer Portal, Your Account and the License granted to You herein in its sole discretion at any time, including, without limitation, if You: (a) breach any obligation in these Terms and Conditions or in any other agreement between You and U.S. Cellular; (b) violate any policy or guideline applicable to the Developer Portal, Content, or any other U.S. Cellular service; or (c) use the Developer Portal or Content specifically authorized in these Terms and Conditions, without our prior written permission.   Additionally, either You or U.S. Cellular may terminate Your Account or the License at any time without cause, but termination of Your Account or the License will not relieve You of the obligations under these Terms and Conditions that You assumed by using the Developer Portal prior to such termination.

 

  1. Termination of Developer Portal. U.S. Cellular may discontinue, terminate, suspend or shut down the Developer Portal or particular aspects of the Developer Portal at any time and for any or no reason. U.S. Cellular is not obligated to give You notice of such discontinuation, termination, suspension, removal or shut-down.  Your License shall automatically terminate if U.S. Cellular discontinues, terminates, suspends or shut downs the Developer Portal.

 

  1. Other Agreements.  These Terms and Conditions relate solely to Your access to, and use of, the Developer Portal and Content.  No commitments, obligations, terms or restrictions are imposed upon either party with respect to any application(s) by virtue of these Terms and Conditions.  Any agreements between You and U.S. Cellular regarding applications will be governed by a separate agreement(s).  Further, U.S. Cellular may require You to sign additional agreements in order to access certain restricted Content on the Developer Portal.  Those additional agreements will govern the relationship between You and U.S. Cellular, in addition to these Terms and Conditions

 

  1. Trademarks. The U.S. Cellular name, trade names, trademarks and logo, as well as all related product and service names, design marks and slogans, are the property of U.S. Cellular, and may not be used by You for any purpose unless specifically authorized in writing, and in advance, by U.S. Cellular.  All other names, marks and logos on the Developer Portal are the names, marks and logos of their respective owners.  All right, title and interest, including, without limitation, all copyrights, trademarks and other intellectual property rights, in the Developer Portal and Content belong to U.S. Cellular, its licensors, or suppliers.

 

  1. Copyright Policy.  U.S. Cellular respects the intellectual property rights of others. If You believe that Your work has been copied and has been posted, stored or transmitted by or through the Developer Portal in a way that constitutes copyright infringement, please submit a notification pursuant to the Digital Millennium Copyright Act in accordance with the process detailed at http://www.uscellular.com/site/legal/copyright-policy.html and directed to:  Designated Copyright Agent, 8410 W. Bryn Mawr Ave., Chicago, IL 60631; E-mail: copyrightagent@uscellular.com.

 

  1. Consent to Monitoring. You acknowledge that U.S. Cellular reserves the right, and may from time to time, monitor Your access and use of the Developer Portal and Your Posts. U.S. Cellular, in its sole discretion and without further notice to You, may (but is not obligated to) review, censor or prohibit the transmission or receipt of any Post which U.S. Cellular deems inappropriate or that violates these Terms or Conditions or any other U.S. Cellular policy. During monitoring, Posts may be examined, recorded, copied, and used for authorized purposes. Your use of the Developer Portal, authorized or unauthorized, constitutes consent to such monitoring.

 

  1. Connectivity; Delay in Service. You are responsible for all costs and expenses associated with establishing and maintaining Your connection to the Developer Portal. Neither U.S. Cellular, nor any of its licensors or suppliers (including its and their officers, directors, managers, employees, affiliates, agents, or representatives) shall be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electric or mechanic equipment failures, interconnection problems, defects, weather, strikes, walkouts, fire, acts of nature, riots, armed conflicts, acts of war or other like causes. U.S. Cellular shall have no responsibility to provide You access to the Developer Portal or Content during any such interruption.

 

  1. Limitation of Liability. YOU ASSUME FULL RESPONSIBILITY FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKS TO SATISFY YOUR REQUIREMENTS FOR ACCURACY AND SUITABILITY OF THE DEVELOPER PORTAL AND THE CONTENT, AND FOR MAINTAINING ANY MEANS WHICH YOU MAY REQUIRE FOR THE RECONSTRUCTION OF LOST DATA OR SUBSEQUENT MANIPULATIONS OR ANALYSES OF THE CONTENT PROVIDED ON THE DEVELOPER PORTAL. YOU ACKNOWLEDGE AND AGREE THAT U.S. CELLULAR, ITS AFFILIATES, LICENSORS, AND SUPPLIERS (INCLUDING ITS OR THEIR OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS,  AND REPRESENTATIVES (“LIMITED LIABILITY PARTIES” FOR THE REMAINDER OF THIS PARAGRAPH)) WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, RESULTING FROM YOUR ACCESS AND/OR USE OF THE DEVELOPER PORTAL OR THE CONTENT OR YOUR INABILITY TO ACCESS OR USE THE DEVELOPER PORTAL AND/OR CONTENT.  THESE LIMITATIONS ON THE LIABILITY OF THE LIMITED LIABILITY PARTIES APPLY WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER TORTIOUS ACTION ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS AND/OR USE OF THE DEVELOPER PORTAL AND/OR CONTENT AND THE LIMITATIONS APPLY EVEN IF LIMITED LIABILITY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  YOU AGREE AND ACKNOWLEDGE THAT THESE LIMITATIONS ON THE LIABILITY OF THE LIMITED LIABILITY PARTIES REFLECT A REASONABLE ALLOCATION OF RISK AND THAT SUCH ALLOCATION OF RISK IS A SIGNIFICANT INDUCMENT FOR U.S. CELLULAR TO ALLOW YOU TO ACCESS AND USE OF THE DEVELOPER PORTAL AND THE CONTENT.  IN NO EVENT WILL THE AGGREGATE, TOTAL LIABILITY OF THE LIMITED LIABILITY PARTIES FOR DAMAGES, INJURY, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING FROM OR RELATING TO YOUR ACCESS OR USE OF THE DEVELOPER PORTAL OR THE CONTENT EXCEED TEN DOLLARS ($10.00). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY IN THOSE JURISDICTIONS. IN SUCH JURISDICTIONS, THE LIMITED LIABILITY PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

 

  1. Disclaimer of Warranties. BROWSING AND USE OF THE DEVELOPER PORTAL AND CONTENT IS AT YOUR OWN RISK. YOU ACKNOWLEDGE THAT INACCURACIES MAY OCCUR, AND THAT U.S. CELLULAR AND ITS LICENSORS AND SUPPLIERS DO NOT WARRANT THE ACCURACY OR SUITABILITY OF THE DEVELOPER PORTAL AND CONTENT FOR ANY PURPOSE. FURTHERMORE, THE DEVELOPER PORTAL AND CONTENT MAY CONTAIN LINKS TO THIRD PARTY WEBSITES NOT UNDER THE CONTROL OR OPERATION OF U.S CELLULAR. U.S. CELLULAR PROVIDES ANY SUCH LINKS ONLY AS A CONVENIENCE FOR YOU AND IS NOT RESPONSIBLE FOR ANY SUCH LINKED SITES, THE CONTENT ON ANY SUCH LINKED SITES OR A SITE LINKED TO OR FROM ANY SUCH LINKED SITES. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE DEVELOPER PORTAL, THE CONTENT AND THE INTERNET GENERALLY. ACCESS TO AND/OR USE OF THE DEVELOPER PORTAL AND CONTENT ARE PROVIDED OR MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY U.S. CELLULAR, ITS AFFILIATES OR IT LICENSORS, OR SUPPLIERS WILL CREATE ANY WARRANTY. FURTHER, NEITHER U.S. CELLULAR NOR ITS AFFILIATES, LICENSORS, OR SUPPLIERS WARRANT THAT CONTENT PROVIDED ON OR AVAILABLE THROUGH THE DEVELOPER PORTAL WILL BE UN-INTERRUPTABLE, ACCURATE, COMPLETE, USEFUL, FUNCTIONAL OR ERROR FREE, OR THAT CONTENT OR MATERIAL PROVIDED ON OR AVAILABLE THROUGH THE DEVELOPER PORTAL IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT AVAILABLE ON OR ACCESSIBLE THROUGH THE DEVELOPER PORTAL MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.

 

  1. Indemnification. You agree to release, indemnify, defend and hold U.S. Cellular, its affiliates and/or its licensors, and suppliers and their affiliates, officers, directors, managers, employees, agents and representatives  harmless from losses, damages, claims, demands, suits, liabilities, fines, penalties, and expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of Your access to or use of the Developer Portal or the Content, the violation by You of these Terms and Conditions, the infringement by You of any intellectual property or other right of any person or entity, and/or any Posts You submit or transmit to any forums on the Developer Portal.

 

  1. Severability. If any of these Terms and Conditions are held to be invalid or unenforceable with respect to a party, the remainder of these Terms and Conditions, or the application of such provision to persons other than those to whom it is held invalid or unenforceable shall not be affected and each remaining provision of these Terms and Conditions shall be valid and enforceable to the fullest extent permitted by law.

 

  1. Publicity. Nothing contained in these Terms and Conditions will be construed as granting to You any right to use or refer to in advertising, publicity, promotion, marketing or other activities, any name, trade name, trade or service mark or any other designation of U.S. Cellular, its licensors, or suppliers, including any contraction, abbreviation or simulation of any kind of the foregoing, unless specifically authorized in writing, and in advance, by U.S. Cellular, its licensors, or suppliers.

 

  1. International Use. U.S. Cellular controls and operates the Developer Portal from its offices in the United States of America. U.S. Cellular does not represent that Content accessible via the Developer Portal is appropriate or available for use in all geographic locations, especially some locations outside the United States, and accessing such from certain locations may be illegal and prohibited.  If You access or use such Content from such locations, You are acting on Your own initiative, and U.S. Cellular is not responsible for Your compliance with local laws or other applicable legal or regulatory restrictions.  You agree that You will not access or use the Developer Portal or Content where prohibited by applicable law, rule or regulation.  You represent and warrant that You are not (a) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) listed on any U.S. Government list of prohibited or restricted parties including the Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List. You also agree that You will not use the Developer Portal or Content for any purposes prohibited by United States law.

 

  1. Governing Law. The laws of the State of Illinois, excluding its conflicts-of-law rules, shall govern Your use of the Developer Portal and Content. You agree that any claim or dispute with U.S. Cellular relating in any way to Your use of the Developer Portal or Content shall be commenced and heard in the state or federal courts located in Chicago, Illinois, except for claims seeking injunctive or other equitable relief, which may be sought in any court of competent jurisdiction.  You agree and expressly consent to the exercise of personal jurisdiction in such courts in connection with any dispute relating to these Terms and Conditions, the Developer Portal or the Content.  You and U.S. Cellular agree that any cause of action arising out of or related to or use of the Developer Portal or Content must commence within one (1) year after the cause of action arises.  Otherwise, such cause of action is permanently barred.  Because some jurisdictions do not permit such time bars, this limitation may not apply in all situations.

 

  1. Miscellaneous. U.S. Cellular’s failure to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision unless acknowledged and agreed to by U.S. Cellular in writing.  Neither the course of conduct between the parties nor trade practice will act to modify any provision of these Terms and Conditions. 

 

  1. Questions.  If You have any questions about these Terms and Conditions, please contact U.S. Cellular by email at admindeveloperpo@uscellular.com.

 

 

 

 

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