1.1 Your use of the Picasa Web Albums Data API (referred to as "the Picasa Web Albums API" in this document) is subject to these Terms of Service, which constitute 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.
1.2 Unless otherwise agreed in writing with Google, your agreement with Google will always include, at a minimum, these terms and conditions as set forth in this document, along with the then-current version of the documentation related to the Picasa Web Albums API located at http://code.google.com/apis/picasaweb/developers_guide_protocol.html (collectively, the “Terms of Service”).
1.3 If you use the Picasa Web Albums API in conjunction with any other Google Data APIs, your agreement with Google will also include the terms of service applicable to those APIs. All of these are referred to below as the "Additional Terms." Where Additional Terms apply to a Google Data API, these will be accessible for you to read either within, or through your use of, that API.
1.4 The Terms of Service, together with the Additional Terms, form a legally binding agreement between you and Google in relation to your use of the Picasa Web Albums API and any additional Google Data 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 Terms of Service say, then the Additional Terms shall take precedence in relation to that Google Data API.
1.6 You represent and warrant that you have full authority to accept the Terms. If you are accepting on behalf of someone else, you represent and warrant that you have full legal authority to bind that person or entity to these Terms. If you don’t have full legal authority to bind, please ensure that an authorized person from your entity consents to and accepts the Terms.
1.7 As used in this agreement, your “Application” means any software, web site, or embedded application you develop that can access or communicate with Google’s servers using the Picasa Web Albums API or any other Google Data API.
2.1 In order to use the Picasa Web Albums API, you must first agree to the Terms. You may not use the Picasa Web Albums API 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 Picasa Web Albums API. In this case, you understand and agree that Google will treat your use of the Picasa Web Albums API as acceptance of the Terms from that point onwards.
2.3 You may not use the Picasa Web Albums API 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 using or receiving the Picasa Web Albums API under the laws of the United States or other countries including the country in which you are resident or from which you use the Picasa Web Albums API.
2.4 If you are using the Picasa Web Albums API to develop a web-based Application, you must register your application domain with Google. Information about how to register your web-based Application can be found at http://code.google.com/apis/accounts/docs/RegistrationForWebAppsAuto.html.
2.5 Before you continue, you should print off or save a local copy of the Terms of Service for your records.
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.
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 you.
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.
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 (a) that are permitted by the Terms, 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), and (b) that do not violate the legal rights of any third party, including but not limited to copyrights, trademarks, rights of privacy, and rights against defamation.
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 if you use Services to develop a service for other users (your “End Users”), you will protect the privacy and legal rights of those End Users. If your End Users provide you with user names, passwords, or other login information or personal information, you must make your End Users aware that the information will be available to your service, and you must provide legally adequate privacy notice and protection for those End Users. If your service stores information submitted by your End Users, it must do so securely. If your End User provides you with Google Account information, you may only use that information to access the End User’s Google Account when, and for the limited purposes for which, the End User has given you permission to do so.
5.7 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. Further, you agree Google is in no way responsible to you or any third party for anything related to your End User’s use or misuse of your service, your service or your Application.
5.8 You may use the Picasa Web Albums API as part of a commercial or non-commercial enterprise, subject to these Terms. You may not however charge a separate fee for use of the Picasa Web Albums API unless you have entered into a separate signed agreement with Google.
5.9 In order to use the Picasa Web Albums API with your service, all End Users on your service must have previously created their own individual Picasa Web Albums accounts. You must explicitly notify End Users that they are accessing their Picasa Web Albums accounts through your service. In other words, you may not create one or more Picasa Web Albums accounts for the purpose of storing images on behalf of users without those users creating their own individual Picasa Web Albums accounts.
5.10 Your Application must abide by Google’s Software Principles at http://www.google.com/corporate/software_principles.html.
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 your account.
6.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify Google immediately.
7.1 For information about Google’s data protection practices, please read Google’s privacy policy at http://www.google.com/privacy.html. These policies explain how Google treats your personal information, and protects your privacy, when you use the Services.
7.2 You agree to the use of your data and any data you transmit in accordance with Google’s privacy policies.
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 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. 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 in the Content.
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.
8.4 You understand that by using the Services you may be exposed to Content and your Application may be associated with 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.
9.1 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 written consent.
9.2 For purposes of the Terms of Service, "Brand Features" shall be defined as the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party, respectively, as secured by such party from time to time. Google owns all right, title and interest relating to its Brand Features. Google hereby grants you a nontransferable, nonsublicenseable, nonexclusive license during the Term to display on your website the Google Brand Features provided to you by Google on this web page http://code.google.com/apis/picasaweb/branding.html solely for the purpose of informing prospective users that your service is integrated with the Picasa Web Albums API.
9.3 You agree that your use of all Google Brand Features shall be in compliance with any additional agreements between Google and you, any applicable provisions of the Terms, and Google's Brand Features use guidelines as updated from time to time. These guidelines can be viewed online at http://www.google.com/permissions/guidelines.html (or such other URL as Google may provide for this purpose from time to time) ("Google’s Brand Feature Use Guidelines"). Google may revoke the license granted to you to use Google Brand Features upon providing you with written notice.
In addition, in using Google Brand Features, you may not:
You understand and agree that Google has the sole discretion to determine whether your use of the Google Brand Features is in accordance with the above restrictions.
9.4 Any other use of Google Brand Features must be approved by Google in writing, pursuant to our Brand Features Use Guidelines and these Terms and Conditions. Any use of the Google Brand Features not explicitly authorized by Google is strictly prohibited.
9.5 Except as expressly set forth in these Terms, nothing in the Terms of Service shall grant or shall be deemed to grant to one party any right, title or interest in or to the other party's Brand Features. All use by you of Google's Brand Features (including any goodwill associated therewith) shall inure to the benefit of Google. At no time during or after the Term shall you challenge or assist others to challenge the Brand Features of Google (except to the extent such restriction is prohibited by law) or the registration thereof by Google, nor shall you attempt to register any Brand Features (including domain names) that are confusingly similar in any way (including but not limited to, sound, appearance and spelling) to those of Google.
9.6 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 or software code that you create, submit, post, transmit or display on, or through, the Services or to your Application, including any intellectual property rights which may subsist in that Content or your Application (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.
9.7 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 the Services.
9.8 Unless you have been expressly authorized 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 organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
10.1 Google gives you a worldwide, royalty-free, non-assignable and non-exclusive license 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 license 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 (e.g., through an open source software license), you may not assign (or grant a sub-license 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.
10.4 Use, reproduction and distribution of components of the Services released under an open source software license are governed solely by the terms of that open source software license.
11.1 You represent and warrant that either you own, or that you have obtained, all legal rights necessary to provide the content and services transmitted through your Application, and that you will maintain these legal rights as long as you use the Services.
11.2 You (or your licensors) retain copyright and any other rights you already hold in Content or software code which you create, submit, transmit, post or display on or through the Services. By submitting, transmitting, posting or displaying the Content or software code through a Google Service you give Google a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content or code which you submit, transmit, post or display on or through, the Services. This license 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.
11.3 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 Services.
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.
13.1 The Terms will continue to apply until terminated by either you or Google as set out below.
13.2 You may terminate your legal agreement with Google by discontinuing your use of the Services at any time.
13.3 Google may at any time, terminate its legal agreement with you at its sole discretion, without prior notice to you.
13.4 Nothing in this Section shall affect Google’s rights regarding provision of Services under Section 4 of the Terms.
13.5 Upon the termination of the Terms, you will immediately cease all use of the Services and any Google Brand Features.
13.6 When these Terms come to an end, all of the legal rights, obligations and liabilities that are 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.
14.1 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 BY LAW.
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 THAT:
(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, AND
(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.
15.1 You agree to indemnify, defend and hold Google, its agents, affiliates, and licensors harmless from any claim, costs, losses, damages, liabilities, judgments and expenses (including reasonable fees of attorneys and other professionals), arising out of or in connection with any claims arising out of or related to your Application, or your use of the Services, Content, or Google Brand Features. In such a case, Google will provide you with written notice of such claim, suit or action.
16.1 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 DAMAGE AS A RESULT OF:
(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;
(IV) YOUR FAILURE TO PROVIDE GOOGLE WITH ACCURATE ACCOUNT INFORMATION;
(V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
16.2 THE LIMITATIONS ON GOOGLE’S LIABILITY TO YOU IN PARAGRAPH 16.1 ABOVE SHALL APPLY WHETHER OR NOT GOOGLE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
17.1 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.
17.2 Google operates a trademark complaints procedure in respect of Google’s advertising business, details of which can be found at http://www.google.com/tm_complaint.html.
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.
19.1 Google may make changes to the Terms of Service or Additional Terms from time to time. When these changes are made, Google will make a new copy of the Terms of Service available and any new Additional Terms will be made available to you from within, or through, the affected Services.
19.2 You understand and agree that if you use the Services after the date on which the Terms of Service or Additional Terms have changed, Google will treat your use as acceptance of the updated Terms of Service or Additional 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.
October 2, 2008