1.3 Deprecation. If Google in its discretion chooses to cease providing the current version of the Service whether through discontinuation of the Service or by upgrading the Service to a newer version, the current version of the Service will be deprecated and become a Deprecated Version of the Service. Google will issue an announcement if the current version of the Service will be deprecated. For a period of 3 years after an announcement (the "Deprecation Period"), Google will use commercially reasonable efforts to continue to operate the Deprecated Version of the Service and to respond to problems with the Deprecated Version of the Service deemed by Google in its discretion to be critical. During the Deprecation Period, no new features will be added to the Deprecated Version of the Service.
Google reserves the right in its discretion to cease providing all or any part of a Deprecated Version of the Service immediately without any notice if:
a. Google reasonably believes you have breached any provision of the Terms; or
b. Google is required to do so by law (for example, due to a change to the law governing the provision of the Deprecated Version of the Service); or
c. the Deprecated Version of the Service relies on data or service provided by a third party partner and the relationship with such partner (i) has expired or been terminated or (ii) requires Google to change the way Google provides the data or services through the Deprecated Version of the Service; or
d. providing the Deprecated Version of the Service could create a substantial economic burden on Google as determined by Google in its reasonable good faith judgment; or
e. providing the Deprecated Version of the Service could create a security risk or material technical burden upon Google as determined by Google in its reasonable good faith judgment.
1.4 Appropriate Conduct and Prohibited Uses. The implementation of the Service on your Property must be generally accessible to users without charge and must not require a fee-based subscription or other fee-based restricted access. Your use of the Service must be in accordance with the documentation. You agree that, to the extent applicable to Google Results, you will not, and you will not permit your users or other third parties to: (a) modify or replace the text, images, or other content of the Google Results, including by (i) changing the order in which the Google Results appear, (ii) intermixing results from sources other than Google, or (iii) intermixing other content such that it appears to be part of the Google Results; or (b) modify, replace or otherwise disable the functioning of links to Google or third party websites provided in the Google Results.
- incorporate Google Results as the primary content on your Property or any page on your Property;
- hide or mask from Google the identity of your service as it uses the API, including by failing to follow the identification conventions listed in the API documentation;
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- upload, post, email or transmit or otherwise make available any inappropriate, defamatory, infringing, obscene, or unlawful content;
- upload, post, email or transmit or otherwise make available any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless You (or the end user posting the content) are the owner of the rights or have the permission of the owner to post such content;
- distribute any file posted by another that You know, or reasonably should know, cannot be legally distributed in such manner;
- impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;
- restrict or inhibit any other user from using and enjoying Google services;
- use Google services for any illegal or unauthorized purpose;
- remove any copyright, trademark or other proprietary rights notices contained in or on Google services;
- interfere with or disrupt Google services or servers or networks connected to Google services, or disobey any requirements, procedures, policies or regulations of networks connected to Google services;
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of Google services or collect information about users for any unauthorized purpose;
- submit content that falsely expresses or implies that such content is sponsored or endorsed by Google;
- create user accounts by automated means or under false or fraudulent pretenses;
- promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual;
- copy, store, archive, republish or create a database of Google Results, in whole or in part, directly or indirectly, except that you may: (1) store Google Results in a temporary cache for a period not to exceed fifteen (15) days solely for the purpose of using Google Results to carry out a specific user-requested action; and/or (2) display Google Results that have been "clipped" through a user-requested action, provided that you comply with the attribution requirements described in Section 2.3 below; or
- transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
International users agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to the United States or your country of residence.
1.5 Advertising. Google reserves the right to include advertising in the Google Results provided to You through the Service.
2. Proprietary Rights
In using Google Brand Features, you may not:
- display a Google Brand Feature in any manner that implies a relationship or affiliation with, sponsorship, or endorsement by Google, other than your involvement in the Service, or that can be reasonably interpreted to suggest editorial content has been authored by, or represents the views or opinions of Google or Google personnel;
- use Google Brand Features to disparage Google, its products or services;
- display a Google Brand Feature on your Property if it contains or displays adult content or promotes illegal activities, gambling, or the sale of tobacco or alcohol to persons under twenty-one (21) years of age;
- have the Google logo as the largest logo on your Property (except as displayed in the Google Results itself);
- display a Google Brand Feature as the most prominent element on any page of your Property;
- display a Google Brand Feature in a manner that is misleading, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable to Google;
- display a Google Brand Feature on a Property that violates any law or regulation; or
- remove, distort or alter any element of a Google Brand Feature (this includes squeezing, stretching, inverting, discoloring, etc.).
You understand and agree that Google has the sole discretion to determine whether your use of Google brand features is in accordance with the above restrictions.
2.3 Attribution. The Google Results provided to You through the Service may contain the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of Google, its partners, or other third party rights holders of content indexed by Google. You may not delete or in any manner alter these trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
You agree to include and display the "powered by Google" attribution and/or any other attribution(s) required by Google as described in the documentation conspicuously on the page, in close proximity and adjacent to any and Google Result(s).
If you display Google Results that have been "clipped" through a user-requested action (the "Clipped Google Results"), you agree to include and display an attribution "Clipped from Google – [date]" next to the Clipped Google Results to indicate the date the Clipped Google Results were first requested by user(s) and returned by Google.
You understand and agree that Google has the sole discretion to determine whether your attribution(s) is in compliance with the above requirements.
2.4 Content Removal. It is Google's policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. For directions and more information, please see http://www.google.com/dmca.html. As the host of content, including Google Results, posted to your Property by end users, you agree to comply with the Digital Millennium Copyright Act or other appropriate process for the removal of content deemed to infringe the rights of third parties. You agree that your Property will provide contact information that rights-holders can use to contact you and request removals.
5. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GOOGLE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
B. GOOGLE MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
C. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
6. LIMITATION OF LIABILITY
YOU 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 THE SERVICE; (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 THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
7. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 5 AND 6 MAY NOT APPLY TO YOU.
8. Term and Termination
b. Google may, at any time, terminate your access to the Service at its discretion without prior notice to You if:
(ii) Google is required to do so by law (for example, due to change to the law governing the provision of the Service); or
(iii) Providing the Service could create a substantial economic burden as determined by Google in its reasonable good faith judgment; or
(iv) Providing the Service could create a security risk or material technical burden as determined by Google in its reasonable good faith judgment; or
(v) You engage in any action that reflects poorly on Google or otherwise disparages or devalues Google’s reputation or goodwill
8.6 Remedies. You acknowledge that your breach of service/license restrictions contained herein may cause irreparable harm to Google, the extent of which would be difficult to ascertain. Accordingly, You agree that, in addition to any other remedies to which Google may be legally entitled, Google shall have the right to seek immediate injunctive relief in the event of a breach of such sections by You or any of your officers, employees, consultants or other agents.
9. GENERAL INFORMATION
November 1, 2010