Using the OpenSocial API

Thanks for your interest in the OpenSocial API! Google has an Application Program Interface ("API") that you can use to: 1) develop web-based social applications for end users and 2) enable social applications for your website. By using the API, you ("you" or "your" for the purposes of the API Terms and Conditions) agree to be bound by the following terms and conditions (the "API Terms and Conditions"), in addition to the Google Terms of Service available at http://www.google.com/terms_of_service.html (or such successor URL as Google may provide). If you are accepting on behalf of your employer or another entity, you represent and warrant that you have full legal authority to bind your employer or such entity to these terms and conditions.

Google reserves the right to modify these API Terms and Conditions from time to time in its sole discretion, without notice or liability to you. If a modification is unacceptable to you, you may terminate these API Terms and Conditions by ceasing use of the API. By continuing to use the API, you will be deemed to have accepted these modifications. Please review the most current version of the API Terms and Conditions from time to time, located at http://code.google.com/apis/opensocial/terms.html (or such successor URL as Google may provide), so that you will be apprised of any changes. In the event of a conflict between the API Terms and Conditions and the Google Terms of Service, the API Terms and Conditions will control.

General Conditions of Use

Subject to the provisions in these API Terms and Conditions, you may use the API as part of a commercial or non-commercial enterprise. Because 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 API which Google provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that Google may stop (permanently or temporarily) providing the API (or any features of the API) to you or to users generally at Google's sole discretion, without prior notice to you. You may stop using the API at any time, and you do not need to specifically inform Google when you stop using the API. In order to access certain API features, you may be required to provide information about yourself (such as identification or contact details) as part of a registration or submission process, or as part of your continued use of the API. You agree that any registration information you give to Google will always be accurate, correct and up to date.

You agree to use the API 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).

You agree not to access (or attempt to access) any Google or other service (collectively, "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 those services. You agree that you will not engage in any activity that interferes with or disrupts services (or the servers and networks which are connected to such services). 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 Google services for any purpose.

You understand and agree that your use of the API may cause you to interact with the products or services not operated or controlled by Google, and that Google does not represent or endorse, and shall not be responsible for: (a) the safety, quality, accuracy, reliability, integrity or legality of any such products or services or any content displayed or distributed through such products or services.

Conditions of Use Applicable to Social Applications

Google may, from time to time and at its sole and absolute discretion, make available API documentation setting forth additional policies and technical specifications applicable to your use of the API. Your social application must not violate any posted policies or technical specifications. Please review the social application developer documentation, located at http://code.google.com/apis/opensocial/docs/ (or such successor URL as Google may provide), so that you will be apprised of any such policies are specifications.

If your gadget enables you or any party to gain access to information about users of the gadget, including but not limited to personally identifying and non-personally identifying usage information, you or the party receiving the information must make publicly available, and abide by, a legally adequate privacy policy. You provide your social application and any content at your sole option and Google is not in any way responsible for the subsequent use or misuse by users who access your social application. Google reserves the right to refuse or discontinue participation to anyone, and to disable users. access to any social application, at any time in its sole discretion with or without notice.

If your gadget enables you to gain access to photographs, images, videos, music, audio files or other sounds available on a Google website, you may use that content solely to display or provide it to the user from whom the content is obtained. Other websites may have policies regarding your use of or access to content of various formats, and it is your responsibility to make yourself aware of and comply with those policies.

Conditions of Use Applicable to Websites

Google may, from time to time and at its sole and absolute discretion, make available API documentation setting forth additional policies and technical specifications applicable to your use of the API. Your website must not violate any posted policies or technical specifications. Please review developer documentation applicable to websites, located at http://code.google.com/apis/opensocial/docs/ (or such successor URL as Google may provide), so that you will be apprised of any such policies are specifications.

Intellectual Property

Google gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Google as part of the API. This license is for the sole purpose of enabling you to use and enjoy the benefit of the API as provided by Google, in the manner permitted by these terms. 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.

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 API, grant a security interest in or over your rights to use the API, or otherwise transfer any part of your rights to use the API. Neither you nor your employees, agents or contractors acquire nor will acquire any intellectual property rights under these API Terms and Conditions (including but not limited to patent, copyright, and trademark rights) except, for the authorized duration of your use of the API, a non-exclusive, revocable, non-sublicensable license to use the API to develop gadgets in accordance with and pursuant to these API Terms and Conditions, the Google Terms of Service and all applicable policies.

Google claims no ownership or control over any source code written by you to be used with the API. You retain copyright and any other rights you already hold in this code, and you are responsible for protecting those rights, as appropriate. You agree that Google, in its sole discretion, may use your trade names, trademarks, service marks, logos, domain names and other distinctive brand features in presentations, marketing materials, customer lists, financial reports and Web site listings (including links to your website) for the purpose of advertising or publicizing your use of the API.

If you submit a social application for inclusion in a website or to be hosted on Google servers, you direct and authorize that website and/or Google and its affiliates to host, link to, and otherwise incorporate your social application into their services, and to carry out any copying, modification, distribution, internal testing, or other processes necessary in order to make this authorized use. You also agree that you will not yourself (and will not allow third parties to) remove, obscure, or alter Google's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through Google Services or the API.

Representations; Warranties.

You represent and warrant that (a) you have full power and authority to accept these API Terms and conditions; (b) you own and/or have obtained the necessary legal rights to provide all content contained in or transmitted through the gadget, and will maintain these rights for as long as the gadget is available to users; (c) you do not violate contractual or other legal obligations to any party by agreeing to the provisions of this API Terms and Conditions and creating and providing the gadget; (d) you will not violate the legal rights of any third party or any applicable law in creating and providing the gadget or any content contained in or transmitted through the gadget or in performing your obligations under these API Terms and Conditions, (e) the gadget shall not contain any pornographic, hate-related, violent, or illegal content; and (f) the gadget shall not contain any harmful or malicious code, including but not limited to viruses and worms.

Indemnification

You hereby agree to indemnify, defend and hold Google, and its officers, directors, agents, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs (including, without limitation, reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of: (i) your use of Google API; (ii) your gadgets; (iii) any use by the users of your gadgets; (iv) any breach of or noncompliance with any representation, warranty or obligation in these API Terms and Conditions or applicable policies; and (v) any claim that your gadgets or any content available on or through your gadgets violates any applicable law, including without limitation that it infringes the rights of a third party. You shall cooperate as fully as reasonably required in the defense of any claim. Google reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You acknowledge that damages for improper use of the API may be irreparable; therefore, Google is entitled to seek equitable relief, including injunction and preliminary injunction, in addition to all other remedies.

Disclaimer Of Warranties

Google disclaims any responsibility for any harm resulting from your use of Google API. GOOGLE APIS ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. GOOGLE EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. GOOGLE DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF GOOGLE API. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE GOOGLE API AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF GOOGLE API. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Limitation Of Liability

UNDER NO CIRCUMSTANCES SHALL GOOGLE BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF GOOGLE API. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF GOOGLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE, MISUSE , OR RELIANCE ON GOOGLE API, FROM INABILITY TO USE GOOGLE API, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF GOOGLE API. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Feedback

Any feedback you provide will be considered the property of Google, may be used by Google and its affiliates for any purpose. Such feedback may include bug reports, problems or deficiencies encountered by you while using the API.

Miscellaneous Provisions

These API Terms and Conditions do not create any agency or partnership relationship. These API Terms and Conditions are not intended to benefit, nor shall they be deemed to give rise to, any rights in any third party. These API Terms and Conditions will not be assignable or transferable by you without Google's prior written consent. These API Terms and Conditions will be governed by and construed in accordance with the laws of the State of California, without giving effect to the conflict of laws provisions of California or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of these API Terms and Conditions to be unenforceable, the remainder of these API Terms and Conditions will continue in full force and effect. These API Terms and Conditions, together with the various policies and other Google documents referenced herein, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these API Terms and Conditions will be effective only if in writing and signed by Google.