Terms of Service
Welcome to Google!
1. Your relationship with Google
Library for Google Data APIs (referred to as the “Client Library”
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.
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 “Universal Terms.”
1.3 Your agreement with Google will
also include the terms of service applicable to the each of the Google
Data APIs (referred to as the APIs) accessed via the Client Library,
in addition to the Universal Terms. All of these are referred
to below as the “Additional Terms.” Where Additional Terms
apply to an API, these will be accessible for you to read either within,
or through your use of, that API.
1.4 The Universal Terms, together
with the Additional Terms, form a legally binding agreement between
you and Google in relation to your use of the Client Library and the
APIs (collectively referred to as the “Services”). It is important
that you take the time to read them carefully. Collectively, this legal
agreement is referred to below as the “Terms”.
1.5 If there is any contradiction
between what the Additional Terms say and what the Universal Terms say,
then the Additional Terms shall take precedence in relation to that
2. Accepting the Terms
2.1 In order to use the Client Library,
you must first agree to the Terms. You may not use the Client
Library if you do not accept the Terms.
2.2 You can accept the Terms by:
(A) clicking to accept or agree
to the Terms, where this option is made available to you by Google in
the user interface for any Service; or
(B) by actually using the Client
Library. In this case, you understand and agree that Google will
treat your use of the Client Library as acceptance of the Terms from
that point onwards.
2.3 You may not use the Client Library
and may not accept the Terms if (a) you are not of legal age to form
a binding contract with Google, or (b) you are a person barred from
receiving the Services under the laws of the United States or other
countries including the country in which you are resident or from which
you use the Services.
2.4 Before you continue, you should
print off or save a local copy of the Universal Terms for your records.
3. Language of the Terms
3.1 Where Google has provided you
with a translation of the English language version of the Terms, then
you agree that the translation is provided for your convenience only
and that the English language versions of the Terms will govern your
relationship with Google.
3.2 If there is any contradiction
between what the English language version of the Terms says and what
a translation says, then the English language version shall take precedence.
of the Services by Google
4.1 Google has subsidiaries and affiliated
legal entities around the world (“Subsidiaries and Affiliates”).
Sometimes, these companies will be providing the Services to you on
behalf of Google itself. You acknowledge and agree that Subsidiaries
and Affiliates will be entitled to provide the Services to you.
4.2 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 Services which
Google provides may change from time to time without prior notice to
4.3 As part of this continuing innovation,
you acknowledge and agree that Google may stop (permanently or temporarily)
providing the Services (or any features within the Services) to you
or to users generally at Google’s sole discretion, without prior notice
to you. You may stop using the Services at any time. You do not
need to specifically inform Google when you stop using the Services.
4.4 You acknowledge and agree that
if Google disables access to your account, you may be prevented from
accessing the Services, your account details or any files or other content
which is contained in your account.
4.5 You acknowledge and agree that
while Google may not currently have set a fixed upper limit on the number
of transmissions you may send or receive through the Services or on
the amount of storage space used for the provision of any Service, such
fixed upper limits may be set by Google at any time, at Google’s discretion.
of the Services by you
5.1 In order to access certain Services,
you may be required to provide information about yourself (such as identification
or contact details) as part of the registration process for the Service,
or as part of your continued use of the Services. You agree that
any registration information you give to Google will always be accurate,
correct and up to date.
5.2 You agree to use the Services
only for purposes that are permitted by (a) the Terms and (b) any applicable
law, regulation 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).
5.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Google, unless you have been specifically allowed to do so in a separate agreement with Google.
5.4 You agree that you will not engage
in any activity that interferes with or disrupts the Services (or the
servers and networks which are connected to the Services).
5.5 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 the Services for any purpose.
5.6 You agree that you are solely
responsible for (and that Google has no responsibility to you or to
any third party for) 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.
6. Your passwords and account security
6.1 You agree and understand that
you are responsible for maintaining the confidentiality of passwords
associated with any account you use to access the Services.
6.2 Accordingly, you agree that you
will be solely responsible to Google for all activities that occur under
6.3 If you become aware of any unauthorised
use of your password or of your account, you agree to notify Google
7. Privacy and your personal information
7.1 For information about Google’s
7.2 You agree to the use of your data
in accordance with Google’s privacy policies.
8. Content in the Services
8.1 You understand that all information
(such as data files, written text, computer software, music, audio files
or other sounds, photographs, videos or other images) which you may
have access to as part of, or through your use of, the Services are
the sole responsibility of the person from which such content originated.
All such information is referred to below as the “Content.”
8.2 You should be aware that Content
presented to you as part of the Services, including but not limited
to advertisements in the Services and sponsored Content within the Services
may be protected by intellectual property rights which are owned by
the sponsors or advertisers who provide that Content to Google (or by
other persons or companies on their behalf). You may not modify, rent,
lease, loan, sell, distribute or create derivative works based on this
Content (either in whole or in part) unless you have been specifically
told that you may do so by Google or by the owners of that Content,
in a separate agreement.
8.3 Google reserves the right (but
shall have no obligation) to pre-screen, review, flag, filter, modify,
refuse or remove any or all Content from any Service. For some of the
Services, Google may provide tools to filter out explicit sexual content.
These tools include the SafeSearch preference settings (see http://www.google.com/help
8.4 You understand that by using the
Services you may be exposed to Content that you may find offensive,
indecent or objectionable and that, in this respect, you use the Services
at your own risk.
8.5 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 create, transmit or display
while using the Services and for the consequences of your actions (including
any loss or damage which Google may suffer) by doing so.
9. Proprietary rights
9.1 You acknowledge and agree that
Google (or Google’s licensors) own all legal right, title and interest
in and to the Services, including any
intellectual property rights which subsist in the Services (whether
those rights happen to be registered or not, and wherever in the world
those rights may exist). You further acknowledge that the Services
may contain information which is designated confidential by Google and
that you shall not disclose such information without Google’s prior
9.2 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, trade marks, service marks, logos, domain
names, and other distinctive brand features.
9.3 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 http://www.google.com/permissio
9.4 Other than the limited license
set forth in Section 11, Google acknowledges and agrees that it obtains
no right, title or interest from you (or your licensors) under these
Terms in or to any Content that you submit, post, transmit or display
on, or through, the Services, including any intellectual property rights
which subsist in that Content (whether those rights happen to be registered
or not, and wherever in the world those rights may exist). Unless
you have agreed otherwise in writing with Google, you agree that you
are responsible for protecting and enforcing those rights and that Google
has no obligation to do so on your behalf.
9.5 You agree that you shall not remove,
obscure, or alter any proprietary rights notices (including copyright
and trade mark notices) which may be affixed to or contained within
9.6 Unless you have been expressly
authorised to do so in writing by Google, you agree that in using the
Services, you will not use any trade mark, service mark, trade name,
logo of any company or organisation in a way that is likely or intended
to cause confusion about the owner or authorised user of such marks,
names or logos.
10. Licence from Google
10.1 Google gives you a personal,
worldwide, royalty-free, non-assignable and non-exclusive licence to
use the software provided to you by Google as part of the Services as
provided to you by Google (referred to as the “Software” below).
This licence is for the sole purpose of enabling you to use and enjoy
the benefit of the Services as provided by Google, in the manner permitted
by the Terms.
10.2 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
of the Software 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.
10.3 Unless Google has given you specific
written permission to do so, you may not assign (or grant a sub-licence
of) your rights to use the Software, grant a security interest in or
over your rights to use the Software, or otherwise transfer any part
of your rights to use the Software.
11. Content licence from you
11.1 You retain copyright and any
other rights you already hold in Content which you submit, post or display
on or through, the Services. By submitting, posting or displaying
the content you give Google a perpetual, irrevocable, worldwide, royalty-free,
and non-exclusive licence to reproduce, adapt, modify, translate, publish,
publicly perform, publicly display and distribute any Content which
you submit, post or display on or through, the Services. This
licence is for the sole purpose of enabling Google to display, distribute
and promote the Services and may be revoked for certain Services as
defined in the Additional Terms of those Services.
11.2 You agree that this licence includes
a right for Google to make such Content available to other companies,
organizations or individuals with whom Google has relationships for
the provision of syndicated services, and to use such Content in connection
with the provision of those services.
11.3 You understand that Google, in
performing the required technical steps to provide the Services to our
users, may (a) transmit or distribute your Content over various public
networks and in various media; and (b) make such changes to your Content
as are necessary to conform and adapt that Content to the technical
requirements of connecting networks, devices, services or media.
You agree that this licence shall permit Google to take these actions.
11.4 You confirm and warrant to Google
that you have all the rights, power and authority necessary to grant
the above licence.
12. Software updates
12.1 The Software which you use may automatically download and install updates from time to time from Google. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Google to deliver these to you) as part of your use of the Services.
13. Ending your relationship with
13.1 The Terms will continue to apply
until terminated by either you or Google as set out below.
13.2 If you want to terminate your
legal agreement with Google, you may do so by (a) notifying Google at
any time and (b) closing your accounts for all of the Services which
you use, where Google has made this option available to you. Your
notice should be sent, in writing, to Google’s address which is set
out at the beginning of these Terms.
13.3 Google may at any time, terminate
its legal agreement with you if:
(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);
(B) Google is required to do so
by law (for example, where the provision of the Services to you is,
or becomes, unlawful); or
(C) the partner with whom Google
offered the Services to you has terminated its relationship with Google
or ceased to offer the Services to you; or
(D) Google is transitioning to
no longer providing the Services to users in the country in which you
are resident or from which you use the service; or
(E) the provision of the Services
to you by Google is, in Google’s opinion, no longer commercially viable.
13.4 Nothing in this Section shall
affect Google’s rights regarding provision of Services under Section
4 of the Terms.
13.5 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 paragraph 20.7 shall continue to apply to such rights, obligations
and liabilities indefinitely.
14. EXCLUSION OF WARRANTIES
14.1 NOTHING IN THESE TERMS, INCLUDING
SECTIONS 14 AND 15, 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
14.2 YOU EXPRESSLY UNDERSTAND AND
AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE
SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
14.3 IN PARTICULAR, GOOGLE, ITS SUBSIDIARIES
AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU
(A) YOUR USE OF THE SERVICES WILL
MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL
BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY
YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE,
(D) THAT DEFECTS IN THE OPERATION
OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES
WILL BE CORRECTED.
14.4 ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE 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.
14.5 NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM GOOGLE OR THROUGH OR FROM THE
SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
14.6 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.
15. LIMITATION OF LIABILITY
15.1 SUBJECT TO OVERALL PROVISION
IN PARAGRAPH 14.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT GOOGLE,
ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE
TO YOU FOR:
(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
SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY
BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGEAS A
(I) ANY RELIANCE PLACED BY
YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR
AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER
OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH GOOGLE
MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION
IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) 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 SERVICES;
(III) YOUR FAILURE TO PROVIDE
GOOGLE WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP
YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
15.2 THE LIMITATIONS ON GOOGLE’S
LIABILITY TO YOU IN PARAGRAPH 15.1 ABOVE SHALL APPLY WHETHER OR NOT
GOOGLE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY
OF ANY SUCH LOSSES ARISING.
16. Copyright and trade mark policies
16.1 It is Google’s policy to respond
to notices of alleged copyright infringement that comply with applicable
international intellectual property law (including, in the United States,
the Digital Millennium Copyright Act) and to terminating the accounts
of repeat infringers. Details of Google’s policy can be found at http://www.google.com/dmca.html.
16.2 Google operates a trade mark
complaints procedure in respect of Google’s advertising business,
details of which can be found at http://www.google.com/tm
17.1 Some of the Services are supported
by advertising revenue and may display advertisements and promotions.
These advertisements may be targeted to the content of information stored
on the Services, queries made through the Services or other information.
17.2 The manner, mode and extent of
advertising by Google on the Services are subject to change without
specific notice to you.
17.3 In consideration for Google granting
you access to and use of the Services, you agree that Google may place
such advertising on the Services.
18. Other content
18.1 The Services may include hyperlinks
to other web sites or content or resources. Google may have no control
over any web sites or resources which are provided by companies or persons
other than Google.
18.2 You acknowledge and agree that
Google is not responsible for the availability of any such external
sites or resources, and does not endorse any advertising, products or
other materials on or available from such web sites or resources.
18.3 You acknowledge and agree that
Google is not liable for any loss or damage which may be incurred by
you as a result of the availability of those external sites or resources,
or as a result of any reliance placed by you on the completeness, accuracy
or existence of any advertising, products or other materials on, or
available from, such web sites or resources.
19. Changes to the Terms
19.1 Google may make changes to the
Universal Terms or Additional Terms from time to time. When these
changes are made, Google will make a new copy of the Universal Terms
available at [LINK to these Universal Terms] and any new Additional
Terms will be made available to you from within, or through, the affected
19.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, Google will treat your use as acceptance of the updated Universal Terms or Additional Terms.
20. General legal terms
20.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
20.2 The Terms constitute the whole legal agreement between you and Google and govern your use of the Services (but excluding any services 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 Services.
20.3 You agree that Google may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
20.4 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.
20.5 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.
20.6 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.
20.7 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.
February 13, 2007