Welcome to Google! By using Google's products,
services or web sites ("Google services"), you
agree to the following terms and conditions, and
any policies, guidelines or amendments thereto that
may be presented to you from time to time
(collectively, the "Terms of Service"). We may
update the Terms of Service in the future, and you
will be able to find the most current version of
this agreement on our website.
1. USE OF SERVICES
Google Inc., its subsidiaries and affiliated
companies ("Google") offer Google services to you,
provided that you are of legal age to form a
binding contract and are not a person barred from
receiving services under the laws of the United
States or other applicable jurisdiction. In order
to access certain services, you may be required to
provide current, accurate identification, contact,
and other information as part of the registration
process and/or continued use of Google services.
You are responsible for maintaining the
confidentiality of your account password, and are
responsible for all activities that occur under
your account. You agree to immediately notify
Google of any unauthorized use of your password or
account or any other breach of security. Google
cannot and will not be liable for any loss or
damage arising from your failure to provide us with
accurate information or to keep your password secure.
2. APPROPRIATE CONDUCT
You understand that all information, data, text,
software, music, sound, photographs, graphics,
video, messages or other materials ("Content") are
the sole responsibility of the person from which
such Content originated. Google reserves the right,
but shall have no obligation, to pre-screen, refuse
or move any Content available via Google services.
You understand that by using Google services you
may be exposed to Content that is offensive,
indecent or objectionable, and that you use Google
services at your own risk. For some services,
Google provides tools to filter out adult sexual
content, including our SafeSearch preference
settings (see
http://www.google.com/help/customize.html#safe). In
addition, there are commercially available services
and software to limit access to material that you
may find objectionable.
You agree that you are responsible for your own
conduct and any Content that you create, transmit
or display while using Google services and for any
consequences thereof. You agree to use Google
services only for purposes that are legal, proper
and in accordance with the Terms of Service and any
applicable policies or guidelines. You agree that
you will not engage in any activity that interferes
with or disrupts Google services or servers or
networks connected to Google services. To report
any activity or Content that may violate the Terms
of Service, please go to the help center.
In addition to this agreement, your use of some
specific Google services is governed by the
policies or guidelines that are presented to you
when you sign up for or access those services and
which are specifically incorporated into this Terms
of Service.
Users outside of the United States agree to comply
with their own local rules regarding online conduct
and acceptable content, including laws regulating
the export of data to and from the United States or
your country of residence.
3. GOOGLE PRIVACY POLICY
For information about our data protection
practices, please see our Privacy Policy at
http://www.google.com/privacy.html. By using
Google services, you acknowledge and agree that
Google may access, preserve, and disclose your
account information and any Content associated with
that account if required to do so by law or in a
good faith belief that such access preservation or
disclosure is reasonably necessary to: (a) satisfy
any applicable law, regulation, legal process or
enforceable governmental request, (b) enforce this
Terms of Service, including investigation of
potential violations hereof, (c) detect, prevent,
or otherwise address fraud, security or technical
issues (including, without limitation, the
filtering of spam), or (d) protect against imminent
harm to the rights, property or safety of Google,
its users or the public as required or permitted by
law.
You understand that the technical processing and
transmission of Google services, including your
Content, may involve (a) transmissions over various
networks; and (b) changes to conform and adapt to
technical requirements of connecting networks or
devices.
4. PROPRIETARY RIGHTS
Google's Rights
You acknowledge and agree that Google services and
any necessary software used in connection with
Google services ("Software") contain proprietary
and confidential information that is protected by
applicable intellectual property and other laws and
treaties. You further acknowledge and agree that
Content contained in sponsor advertisements or
presented to you through Google services is
protected by copyrights, trademarks, service marks,
patents or other proprietary rights and laws.
Except as expressly authorized by Google or other
proper third party rights holders, you agree not to
modify, rent, lease, loan, sell, distribute or
create derivative works based on Google services,
Content or Software, in whole or in part.
Subject to the Terms of Service, Google grants you
a personal, non-transferable and non-exclusive
right and license to use the object code of its
Software; provided that you do not (and do not
allow any third party to) copy, modify, create a
derivative work of, reverse engineer, reverse
assemble or otherwise attempt to discover any
source code, sell, assign, sublicense, grant a
security interest in or otherwise transfer any
right in the Software, unless such activity is
expressly permitted or required by law. You agree
not to modify the Software in any manner or form,
or to use modified versions of the Software,
including (without limitation) for the purpose of
obtaining unauthorized access to Google services.
You agree not to access Google services by any
means other than through the interface that is
provided by Google for use in accessing Google
services.
Your Rights
Google claims no ownership or control over any
Content submitted, posted or displayed by you on or
through Google services. You or a third party
licensor, as appropriate, retain all patent,
trademark and copyright to any Content you submit,
post or display on or through Google services and
you are responsible for protecting those rights, as
appropriate. By submitting, posting or displaying
Content on or through Google services which are
intended to be available to the general public, you
grant Google a worldwide, non-exclusive,
royalty-free license to reproduce, adapt and
publish such Content on Google services solely for
the purpose of displaying, distributing and
promoting Google services. This license terminates
when such Content is removed from the Google
service to which you originally submitted. Google
reserves the right to syndicate Content submitted,
posted or displayed by you on or through Google
services and use that Content in connection with
any of the services offered by Google. Google
furthermore reserves the right to refuse to accept,
post, display or transmit any Content in its sole
discretion.
5. SOFTWARE AND AUTOMATIC UPDATES
Your use of any Software provided by Google will be
governed by this Terms of Service and any
additional terms and conditions of the end user
license agreement accompanying such Software.
Google may automatically check your version of the
Software and may automatically download upgrades to
the Software to update, enhance and further develop
Google services, including providing bug fixes,
patches, enhanced functions, missing plug-ins and
new versions.
6. POLICIES REGARDING COPYRIGHT AND TRADEMARKS
It is our policy to respond to notices of alleged
infringement that comply with the United States�
Digital Millennium Copyright Act or other
applicable law. For more information, please go to
http://www.google.com/dmca.html.
For information regarding our trademark complaint
procedure, please go to
http://www.google.com/tm_complaint.html. Any use
of Google's trade names, trademarks, service marks,
logos, domain names, and other distinctive brand
features must be in compliance with this Terms of
Service and in compliance with Google's then
current Brand Feature use guidelines, and any
content contained or reference therein, which may
be found at the following URL:
http://www.google.com/permissions/guidelines.html
(or such other URL Google may provide from time to
time).
7. GENERAL PRACTICES REGARDING USE AND STORAGE
You agree that Google has no responsibility or
liability for the deletion or failure to store any
Content and other communications maintained or
transmitted by Google services. You acknowledge
that Google has set no fixed upper limit on the
number of transmissions you may send or receive
through Google services or the amount of storage
space used; however, we retain the right, at our
sole discretion, to create limits at any time with
or without notice.
Upon the termination of your use of Google
services, including upon receipt of a certificate
or other legal document confirming your death,
Google will close your account and you will no
longer be able to retrieve content contained in
that account.
8. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell,
trade, resell or exploit for any commercial
purposes, any portion of Google services, use of
Google services, or access to Google services.
9. MODIFICATIONS TO SERVICE
Google reserves the right at any time and from time
to time to modify or discontinue, temporarily or
permanently, Google services (or any part thereof)
with or without notice. You agree that Google shall
not be liable to you or to any third party for any
modification, suspension or discontinuance of
Google services.
10. TERMINATION
You may discontinue your use of Google services at
any time. You agree that Google may at any time
and for any reason, including a period of account
inactivity, terminate your access to Google
services, terminate the Terms of Service, or
suspend or terminate your account. In the event of
termination, your account will be disabled and you
may not be granted access to Google services, your
account or any files or other content contained in
your account. Sections 10 (Termination), 13
(Indemnity), 14 (Disclaimer of Warranties), 15
(Limitations of Liability), 16 (Exclusions and
Limitations) and 19 (including choice of law,
severability and statute of limitations), of the
Terms of Service, shall survive expiration or
termination.
11. ADVERTISEMENTS
Some Google services are supported by advertising
revenue and may display advertisements and
promotions on the service. The manner, mode and
extent of advertising by Google on its services are
subject to change. You agree that Google shall not
be responsible or liable for any loss or damage of
any sort incurred by you as a result of any such
dealings or as the result of the presence of such
advertisers on Google services.
12. LINKS
Google services may provide, or third parties may
provide, links to other World Wide Web sites or
resources. Because Google has no control over such
sites and resources, you acknowledge and agree that
Google is not responsible for the availability of
such external sites or resources, and does not
endorse and is not responsible or liable for any
Content, advertising, products, or other materials
on or available from such sites or resources. You
further acknowledge and agree that Google shall not
be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be
caused by or in connection with use of or reliance
on any such Content, goods or services available on
or through any such site or resource.
13. INDEMNITY
You agree to hold harmless and indemnify Google,
and its subsidiaries, affiliates, officers, agents,
and employees, advertisers or partners, from and
against any third party claim arising from or in
any way related to your use of Google services,
violation of this Terms of Service or any other
actions connected with use of Google services,
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.
14. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF GOOGLE SERVICES IS AT YOUR SOLE RISK.
GOOGLE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED
BY LAW, GOOGLE 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.
GOOGLE DOES NOT WARRANT THAT (i) GOOGLE SERVICES
WILL MEET YOUR REQUIREMENTS, (ii) GOOGLE SERVICES
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF GOOGLE SERVICES WILL BE ACCURATE OR
RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH GOOGLE SERVICES WILL
MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE
SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF GOOGLE SERVICES IS DONE AT YOUR
OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM GOOGLE OR THROUGH OR FROM
GOOGLE SERVICES SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TERMS OF SERVICE.
15. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GOOGLE
SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES (EVEN IF GOOGLE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES)
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE
GOOGLE SERVICES; (ii) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY
GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM GOOGLE SERVICES; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT
OF ANY THIRD PARTY ON GOOGLE SERVICES; OR (v) ANY
OTHER MATTER RELATING TO GOOGLE SERVICES.
16. EXCLUSIONS AND LIMITATIONS
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR
LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY
WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED.
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 ABOVE LIMITATIONS
IN SECTIONS 14 AND 15 WHICH ARE LAWFUL IN YOUR
JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY
WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
17. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly
provided in this Terms of Service, there shall be
no third party beneficiaries to the Terms of Service.
18. NOTICE
You agree that Google may provide you with notices,
including those regarding changes to the Terms of
Service, by email, regular mail, or postings on
Google services.
19. GENERAL INFORMATION
Entire Agreement. The Terms of Service (including
any policies, guidelines or amendments that may be
presented to your form time to time) constitute the
entire agreement between you and Google and govern
your use of Google services, superceding any prior
agreements between you and Google for the use of
Google services. You also may be subject to
additional terms and conditions that may apply when
you use or purchase certain other Google services,
affiliate services, third-party content or
third-party software.
Choice of Law and Forum. The Terms of Service and
the relationship between you and Google shall be
governed by the laws of the State of California
without regard to its conflict of law provisions.
You and Google agree to submit to the personal and
exclusive jurisdiction of the courts located within
the county of Santa Clara, California.
Waiver and Severability of Terms. The failure of
Google to exercise or enforce any right or
provision of the Terms of Service shall not
constitute a waiver of such right or provision. If
any provision of the Terms of Service is found by a
court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions
as reflected in the provision, and the other
provisions of the Terms of Service remain in full
force and effect.
Statute of Limitations. You agree that regardless
of any statute or law to the contrary, any claim or
cause of action arising out of or related to use of
Google services or the Terms of Service must be
filed within one (1) year after such claim or cause
of action arose or be forever barred.
The section headings in the Terms of Service are
for convenience only and have no legal or
contractual effect.