(a) clicking to accept or agree to the Terms, where this option
is made available to you by Google in the user interface for
the Service; or
(b) using the Maps API(s). In this case, you understand and agree
that Google will treat your use of the Maps API(s) as acceptance
of the Terms from that point onwards.
4.3
Advertising.
(a) Google reserves the right to include advertising in the places
results provided to you in the Maps API(s). By using the Maps API(s)
to obtain places results, you agree to display such advertising
in the form provided to you by Google.
(b) Although the Service currently does not include
advertising in the maps images, Google reserves the right to
include advertising in the maps images provided to you through
the Service.
(i) Google will provide you with 90 days notice
prior to the commencement of advertising in the maps images (the "Ads
Notice period"). Such notice (the "Ads Notice") may be
provided on relevant Google websites, including but not limited
to the
Google Geo Developers
Blog
(or such successor URLs that Google may designate
from time to time) and the applicable Google Maps API Groups.
(ii) If your Maps API implementation incorporated the Maps API(s)
prior to April 8, 2011, you have a limited right to opt out
of advertising in the maps images by providing written notice
to Google during the Ads Notice Period; your notice must state
that you refuse to accept advertising in the maps images and must
be provided to Google in accordance with Google's notice
requirements (as specified in Google’s Ads Notice).
(c) You may at any time opt out of advertising in the places results
and the maps images by either:
4.4
Changes to the Service; Termination of the Service.
(a) 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 the 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.
(b) Google reserves the right in its discretion to cease providing all or
any part of the Deprecated Version of the Service immediately without any
notice if:
(i) Section 12.3(a) (Termination for Breach of Terms) applies; or
(ii) 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
(iii) the Deprecated Version of the Service relies on data or services
provided by a third party partner and the relationship with such partner
(x) has expired or been terminated or (y) requires Google to change the way
Google provides the data or services through the Deprecated Version of the
Service; or
(iv) providing the Deprecated Version of the Service could create a
substantial economic burden as determined by Google in its reasonable good
faith judgment; or
(v) providing the Deprecated Version of the Service could create a security
risk or material technical burden as determined by Google in its reasonable
good faith judgment.
(c) Google is constantly innovating in order to provide the best possible
experience for its users. At any time prior to discontinuing the current
version of the Service or upgrading to a new version of the Service, Google
may, in its discretion as part of this continuing innovation, label certain
features or functionality of the Service as "experimental." Additionally, Google
may elect to offer a version of the Service within Google Labs. This Section
4.4 of the Terms will not apply to any features or functionality labeled as
"experimental," or to any version of the Service offered within Labs.
5. Your Google Account.
5.1
Signing Up for a Google Account. In order to access
the Service, you must have a
Google Account. You agree that any information you give to Google
in connection with your Google Account or your continued use of the Service
will always be accurate, correct, and up to date.
5.2
Account Keys. For certain versions or features of the Maps
API(s), Google may require you to obtain and use an alphanumeric key or
cryptographic key that is uniquely associated with your Google Account
and the URL of your Maps API Implementation. You must obtain and use
such key (if required by Google for the applicable version or feature
of the Maps API(s)) in accordance with these Terms and
the
Maps APIs Documentation.
5.3
Your Passwords and Account Security. You agree that
you will be solely responsible to Google for your use of the Service.
If you become aware of any unauthorized use of your password, your account,
or your key(s), you agree to notify Google immediately.
6. Google's Proprietary Rights. You acknowledge and agree
that Google (or Google's licensors and their suppliers, as applicable)
own all legal right, title and interest in and to the Service and
Content, including any intellectual property rights that subsist in
the Service and Content (whether those rights happen to be registered
or not, and wherever in the world those rights may exist).
7. Permitted Uses. You agree to use the Service only for
purposes:
(a) that are permitted by the Terms (including the Licenses in
Section 8);
(b) that are permitted by any applicable third party contract,
law, or regulation in the relevant jurisdictions; and
(c) that comply with all applicable policies or guidelines
made available by Google, including in the Maps APIs
Documentation and the Permission Guidelines for Google Maps
and Google Earth.
8. Licenses from Google to You.
8.1
Definitions.
(a) "Brand Features" means 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.
(b) "Content" means any content provided through
the Service (whether created by Google or its third party
licensors), including map and terrain data, photographic
imagery, traffic data, places data (including business
listings), or any other content.
(c) "Maps API Implementation" means a software
application or website that uses the Maps API(s) to obtain and
display Content in conjunction with Your Content, according
to these Terms.
(d) "Your Content" means any content that you
provide in your Maps API Implementation, including data,
images, video, or software. Your Content does not include
the Content.
8.2
Service License. Subject to these Terms (including but not limited
to Section 9 (License Requirements) and Section 10 (License Restrictions)),
Google gives you a personal, worldwide,
royalty-free, non-transferable, non-assignable and non-exclusive license to use the
Service as provided by Google, in the manner permitted by the Terms.
8.3
Content License. Subject to these Terms (including but not limited
to Section 9 (License Requirements) and Section 10 (License Restrictions)),
Google gives you a personal, worldwide,
royalty-free, non-transferable, non-assignable, and non-exclusive license to access,
use, publicly perform and publicly display the Content in your Maps
API Implementation, as the Content is provided in the Service, and
in the manner permitted by the Terms. Specifically, you understand
the following:
(a) Content (including but not limited to map data,
traffic, directions, and places) is provided for planning
purposes only. You may find that weather conditions,
construction projects, closures, or other events may cause
road conditions or directions to differ from the results
depicted in the Content. You should exercise judgment in
your use of the Content.
(b) Certain Content is provided
under
license from third parties, including
Tele Atlas B.V. ("
Tele Atlas"), and is subject
to copyright and other intellectual property rights
owned by or licensed to Tele Atlas and/or such third
parties. You may be held liable for any unauthorized
copying or disclosure of this content. Your use
of Tele Atlas map data and certain other Content (including
certain business listings Content) is subject to additional
restrictions located in the
Legal Notices page.
8.4
Brand Features License.
(a)
Grant. Subject to these Terms (including but not
limited to Section 9 (License Requirements) and Section 10
(License Restrictions)), Google gives you a personal,
worldwide, royalty-free, non-transferable, non-assignable,
non-sublicenseable, and non-exclusive license to display
Google's Brand Features solely for the purpose of promoting or
advertising your authorized use of the Service in accordance
with this Section and for the purpose of fulfilling your
obligations under the Terms.
(b)
Restrictions. In using Google Brand Features,
you will not:
(i) display a Google Brand Feature in any manner
that implies a relationship or affiliation with,
sponsorship, or endorsement by Google, other than
your use of 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;
(ii) display a Google Brand Feature in your
Maps API Implementation or on your
site if your Maps API Implementation or site
contains or displays adult content or
promotes illegal activities, gambling, or the sale
of tobacco or alcohol to persons under 21 years of age;
(iii) have the Google logo as the largest logo
in your Maps API Implementation or on your website
(except as displayed in the map image itself);
(iv) display a Google Brand Feature as the most
prominent element in your Maps API Implementation
on any page of your website;
(v) display a Google Brand Feature in a manner
that is misleading, defamatory, infringing, libelous,
disparaging, obscene or otherwise objectionable
to Google;
(vi) use Google Brand Features to disparage Google,
its products, or the Google Services;
(vii) display a Google Brand Feature in your Maps
API Implementation or on a site
that violates any law or regulation; or
(viii) remove, distort or alter any element of
a Google Brand Feature (this includes squeezing,
stretching, inverting, discoloring, etc.).
(c)
No Further License Grant; No Challenges.
Except as set forth in this Section, nothing in the Terms
will grant or will be deemed to grant you any right, title
or interest in or to Google's Brand Features. All use
by you of Google's Brand Features (including any goodwill
associated therewith) will inure to the benefit of Google.
To the maximum extent permitted by applicable law, the
following will apply: at no time during or after the Term
will you challenge or assist others to challenge the Brand
Features of Google or the registration thereof by Google,
nor will you attempt to register any Brand Features
(including domain names) that are confusingly similar to
those of Google in any way (including but not limited
to sound, appearance and spelling).
8.5
Proprietary Rights Notices. You agree that
you will not remove, obscure, or alter any proprietary
rights notices (including copyright and trademark notices,
Terms of Use links, or Brand Features) that may be
affixed to or provided through the Service. Where such
notices are not affixed within the Service, you agree
to display such notices according to the
Maps APIs
Documentation.
8.6
U.S. Government Restricted Rights. If the Service
or Content is being used or accessed by or on behalf of the United
States government, such use is subject to additional terms located in
the "Government End Users" section of our
Legal Notices page.
8.7
Determination of Compliance. Google reserves the sole
right and discretion to determine whether your use of the Service,
Content, and Brand Features is in compliance with these Terms.
9. License Requirements. Google's licenses above are subject
to your adherence to the following requirements:
9.1
Free, Public Accessibility to Your Maps API
Implementation.
9.1.1 General Rules.
(a) Free Access (No Fees). Your Maps API Implementation
must be generally accessible
to users without charge and must not require a fee-based
subscription or other fee-based restricted access. This rule
applies to Your Content and any other content in your Maps API
Implementation, whether Your Content or the other content is
in existence now or is added later.
(b) Public Access (No Firewall). Your Maps API implementation
must not (i) operate only behind a firewall; or (ii) only on
an internal network (except during the development and
testing phase); or (iii) in a closed community (for example,
through invitation-only access).
9.1.2 Exceptions.
(a)
Enterprise Agreement with Google. The rules in Section
9.1.1 (Free Access, Public Access) do not apply if you have
entered into a separate written agreement with Google (such
as a
Google Enterprise agreement) or obtained Google's
written permission.
(b)
Mobile Applications. The rule in Section 9.1.1(a)
(Free Access) does not apply if your Maps API Implementation
is used in a mobile application that is sold for a fee through
an online store and is downloadable to a mobile device that
can access the online store.
9.1.3 Examples.
(a) You can require users to log in to your Maps API
Implementation if you do not require users to pay a fee.
(b) You can charge a fee for your Maps API Implementation
if it is an Android application downloadable to mobile
devices from the Android Market.
(c) If you are a consultant who creates or hosts Maps API
Implementations for third party customers, you may charge
such customers a fee for your consulting or hosting
services (but not for the Maps API Implementations themselves,
except as permitted under Section 9.1.2 (Exceptions)).
9.2
Reporting. You must implement those
reporting mechanisms that Google has set forth and may
update from time to time in these Terms and in the
Maps APIs Documentation.
For example, as specified
in the Maps API Documentation, you agree to provide reports to Google
if your Maps API Implementation enables a device to detect its own
location through use of a sensor (including but not limited to GPS,
cell triangulation, WiFi or similar functionality) to display the
location of the device on a map or to calculate a route.
9.3
End User Terms and Privacy Policy. If you
develop a Maps API
Implementation for use by other users, you must:
(a) display to the users of your Maps API Implementation
the link to Google's Terms of Use as presented
through the Service or described in the
Maps APIs
Documentation;
(b) explicitly state in your Maps API Implementation's
terms of use that, by using your Maps API Implementation,
your users are agreeing to be bound by Google's Terms of
Use; and
(c) protect the privacy and legal rights of those users.
(i) You must make publicly available, and must abide by, an
appropriate privacy policy in your Maps API Implementation.
In particular, if your Maps API Implementation enables you
or any party to gain access to information about users of
the Maps API(s), including but not limited to personally
identifiable information (such as user names) or
non-personally identifiable usage information (such as
location), your privacy policy must describe your use and
retention of this information.
(ii) Your privacy policy must notify users that you are using
the Maps API(s) and incorporate by reference the Google
privacy policy by including a link to the Google privacy
policy (currently http://www.google.com/privacy.html), as
amended by Google from time to time.
9.4
Attribution.
(a) Content 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. When Google provides this attribution,
you must display it as provided through the Service or as described in the
Maps APIs Documentation and may not
delete or in any manner alter these trade names, trademarks, service marks,
logos, domain names, and other distinctive brand features.
(b) You agree to include and display the "powered by Google" attribution
(and/or any other attribution(s) required by Google as described in the
Maps APIs Documentation) conspicuously on the page, in close proximity
and adjacent to the Service search box and Google search results. If you
use the standard Google search control, or the standard Google search
control form, this attribution will be included automatically, and you
agree not to modify or obscure this automatically-generated attribution.
(c) You understand and agree that Google has the sole right and discretion to
determine whether your attribution(s) are in compliance with the
above requirements.
9.5
Responsibility for Breaches. 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 of any such breach (including any loss or damage that
Google may suffer).
10.1.1.
General Restrictions.
(a)
No Access to Maps API(s) except through the Service. You must
not access or use the Maps API(s) or any Content through any
technology or means other than those provided in the Service, or
through other explicitly authorized means Google may designate.
For example, you must not access map tiles or imagery through
interfaces or channels (including undocumented Google interfaces)
other than the Maps API(s).
(b)
No Hiding of Identity. You must not hide or mask from Google
the identity of your service as it uses the Service, including by
failing to follow the identification conventions listed in the
Maps APIs Documentation.
(c)
No Reverse Engineering. You must not reverse engineer,
decompile or otherwise attempt to extract the source code of the
Service or any part thereof, unless this is expressly permitted
or required by applicable law;
(d)
No Modification of Search Results. You must not modify,
reorder, augment or manipulate search results in any way unless
you indicate to the user that this has occurred.
(e)
No Modification of Links. You must not modify, replace,
obscure, or otherwise hinder the functioning of links to Google
or third party websites provided in the Content. For the
avoidance of doubt, titles for place results must link to the
applicable URL provided in the result, unless the title is intended
to be selected only for purposes of navigation by an end user
accessing your Maps API Implementation from a device with
appropriately space-constraining user interface options. In these
cases, the title linking to the Google-provided URL must be
displayed as the top and primary link on the subsequent landing
page or user interface component.
(f)
No Violation of Google Policies. You must not violate any
policies in the Maps APIs Documentation or violate Google's
Software Principles (available at
http://www.google.com/intl/en/corporate/software_principles.html
or such successor URLs that Google may designate from time to time)
and other policies
as Google may develop from time to time, including but not limited
to the Google policies below, under which you agree not to:
(i) defame, abuse, harass, stalk, threaten or otherwise
violate the legal rights (such as rights of privacy and
publicity) of others;
(ii) upload, post, transmit or otherwise make available
any inappropriate, defamatory, obscene, or unlawful content;
(iii) upload, post, transmit or otherwise make available any
content that infringes any patent, trademark, copyright, trade
secret or other proprietary right of any party, unless you are
the owner of the rights, or have the permission of the owner
or other legal justification to use such content;
(iv) upload, post, transmit or otherwise make available messages
that promote pyramid schemes, chain letters, or disruptive
commercial messages or advertisements;
(v) upload, post, email, transmit or otherwise make available
any other content, message, or communication prohibited by
applicable law, the Terms or any applicable Service policies
or guidelines;
(vi) download any file posted by another that you know, or
reasonably should know, cannot legally be distributed in
such manner;
(vii) impersonate another person or entity, or falsify or delete
any author attributions or labels of the origin or source of
Content, or other material;
(viii) restrict or inhibit any other user from using and enjoying
the Service or any other Google Services;
(ix) delete, obscure, or fail to display the Terms of Use link
as presented through the Service or described in the Maps
APIs Documentation;
(x) delete, obscure, or in any manner alter any brand features,
logos, warnings, notices (including but not limited to any copyright
or other proprietary rights notices), or links that appear in the
Service or the Content;
(xi) interfere with or disrupt the Google Services, servers, or
networks connected to the Google Services, or disobey any
requirements, procedures, policies, or regulations of networks
connected to the Google Services;
(xii) use any robot, spider, site search/retrieval application,
or other device to retrieve or index any portion of the Google
Services or Content or collect information about users for any
unauthorized purpose;
(xiii) display content in your Maps API Implementation that
falsely expresses or implies that such content is sponsored or
endorsed by Google;
(xiv) create user accounts by automated means or under false or
fraudulent pretenses, or obtain or attempt to obtain multiple
keys for the same URL;
(xv) promote or provide instructional information about
illegal activities;
(xvi) promote physical harm or injury against any group or
individual; or
(xvii) transmit any malicious code (including but not limited to
viruses, worms, defects, and Trojan horses),
or any other items of a destructive nature.
(g)
No Use of Content without a Google Map. You must not use or
display the Content without a corresponding Google map, unless you
are explicitly permitted to do so in the Maps APIs Documentation,
or through written permission from Google. For example, you must
not use geocodes obtained through the Service except in conjunction
with a Google map, but you may display Street View imagery without
a corresponding Google map because the Maps APIs Documentation
explicitly permits you to do so.
(h)
No Use of Static Maps API(s) outside a Web-Based Application
(Except with a Link to Google Maps). You must not use the Static
Maps API(s) outside of a web-based application unless:
(i) your platform does not have a web browser; or
(ii) if your platform does have a web browser, you provide a
link that shows the location concerned either (x) in the Google
Maps native application (if your platform has one); or (y)
on the Google Maps website.
(i)
No Use Beyond Google’s Transaction Limits and Usage Policies.
If your Maps API application generates a high volume of transactions,
Google reserves the right to set transaction limits, as described
in the Documentation
here.
Google also reserves the right to set other
usage policies in the Documentation from time to time. If you
want to engage in use outside these transaction limits or usage
policies, please contact the Google Maps API for Business sales team for
information on licensing options to address your needs.
10.1.2
Restrictions against Commercial Use.
(a)
No Fees. You must not charge users or any other third party
any fee for the use of the Maps API Implementation, the Service, or
the Content, except as permitted under Section 9.1.2 (Exceptions).
(b)
No Direct Marketing. You must not print more than 5,000 copies
of sales collateral materials containing a screenshot of the Content
for purposes of commercial sales lead generation ("
Direct Marketing")
or incorporate the Content as a core part of printed matter (such as
printed maps or guide books) that you redistribute for a fee. You must
contact the
Google Maps API for Business sales team to obtain a direct license
if you desire to do either of the above.
10.1.3
Restrictions against Data Export or Copying.
(a)
No Unauthorized Copying, Modification, Creation of Derivative
Works, or Display of the Content. You must not copy, translate,
modify, or create a derivative work (including creating or
contributing to a database) of, or publicly display any Content or
any part thereof except as explicitly permitted under these Terms.
For example, the following are prohibited: (i) creating server-side
modification of map tiles; (ii) stitching multiple static map images
together to display a map that is larger than permitted in the
Maps
APIs Documentation; (iii) creating mailing lists or telemarketing
lists based on the Content; or (iv) exporting, writing, or saving
the Content to a third party’s location-based platform or service.
(b)
No Pre-Fetching, Caching, or Storage of Content. You must not
pre-fetch, cache, or store any Content, except that you may store:
(i) limited amounts of Content for the purpose of improving the
performance of your Maps API Implementation if you do so temporarily,
securely, and in a manner that does not permit use of the Content
outside of the Service; and (ii) any content identifier or key that
the Maps APIs Documentation specifically permits you to store. For
example, you must not use the Content to create an independent
database of “places.”
(c)
No Mass Downloads or Bulk Feeds of Content. You must not use
the Service in a manner that gives you or any other person access
to mass downloads or bulk feeds of any Content, including but not
limited to numerical latitude or longitude coordinates, imagery,
visible map data, or places data (including business listings).
For example, you are not permitted to offer a batch geocoding
service that uses Content contained in the Maps API(s).
10.2
Restrictions on the Types of Applications that You are
Permitted to Build with the Maps API(s). Except as explicitly permitted
in Section 8 (Licenses from Google to You) or the Maps APIs Documentation,
you must not (nor may you permit anyone else to) do any of the following:
(a)
No “Wrapping.” You must not create or offer a “wrapper” for the
Service, unless you obtain Google’s written consent to do so. For example,
you are not permitted to: (i) use or provide any part of the Service
or Content (such as map imagery, geocoding, directions, places, or
terrain data) in an API that you offer to others; or (ii) create a
Maps API Implementation that reimplements or duplicates Google Maps.
For clarity, you are not “wrapping” the Service if your Maps API
Implementation provides substantial additional features or content
beyond Google Maps/Google Earth, and those additional features or content constitute
the primary defining characteristic of your Maps API Implementation.
(b)
No Business, Residential, or Telephone Listings Services. You must
not display business listings Content in any Maps API Implementation
that has the primary purpose of making available business, residential
address, or telephone directory listings.
(c)
No Navigation, Autonomous Vehicle Control, or Enterprise
Applications. You must not use the Service or Content with any products,
systems, or applications for or in connection with any of the following:
(i) real time navigation or route guidance, including but not limited
to turn-by-turn route guidance that is synchronized to the position
of a user's sensor-enabled device.
(ii) any systems or functions for automatic or autonomous control
of vehicle behavior; or
(iii) enterprise dispatch, fleet management, business asset tracking
or similar applications.
If you want to engage in enterprise dispatch, fleet management,
business asset tracking, or similar applications, please contact
the
Google Maps API for Business sales team to obtain a Google
enterprise
license. (If you are offering a non-enterprise implementation, you may
use the Google Maps API(s) to track assets such as cars, buses
or other vehicles, as long as your tracking application is made
available to the public without charge. For example, you may
offer a free, public Maps API Implementation that displays
real-time public transit or other transportation status information.)
11. Licenses from You to Google.
11.1
Content License.
Google claims no ownership over Your Content, and you retain copyright
and any other rights you already hold in Your Content. By submitting,
posting or displaying Your Content in the Service, you give Google a
perpetual, irrevocable, worldwide, royalty-free, and non-exclusive
license to reproduce, adapt, modify, translate, publicly perform,
publicly display and distribute Your Content through the Service
for the sole purpose of enabling Google to provide you with the
Service in accordance with Google's privacy policy.
11.2
Marketing License. You grant to Google a
worldwide, royalty-free, non-transferable, and non-exclusive license during
the Term to use Your Brand Features and Your Content to publicize or advertise
that you are using the Service (for example, by using your marks in
presentations, marketing materials, customer lists, financial reports and Web
site listings (including links to your website), or by creating marketing
or advertising materials that show screenshots of the Service in
which Your Content is featured).
11.3
Authority to Grant Licenses. You represent and warrant to Google
that you have all the rights, power and authority necessary to grant the
above licenses.
12. Terminating this Agreement.
12.1 The Terms will continue to apply until terminated by either you
or Google as set out below.
12.2 You may terminate your legal
agreement with Google by removing the Maps API(s) code from your
implementation and discontinuing your use of the Service at any time. You do
not need to specifically inform Google when you stop using the Service.
12.3 Google may, at any time, terminate its legal agreement with you
or cease providing all or any part of the Service immediately without any
notice if:
(a) you have breached any provision of the Terms (or have acted in manner
that clearly shows that you do not intend to, or are unable to, comply
with the provisions 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 Service); or
(c) the Service relies on data or services provided by a third party
partner and the relationship with such partner (x) has expired or been
terminated or (y) requires Google to change the way Google provides the
data or services through the Service; or
(d) providing the Service could create a substantial economic burden
as determined by Google in its reasonable good faith judgment; or
(e) providing the Service could create a security risk or material
technical burden as determined by Google in its reasonable good faith judgment.
12.4 Nothing in
this Section will affect Google's rights regarding provision of the Service
under Section 4 (Provision of Service By Google) of the Terms.
12.5 When this legal agreement
comes to an end, those Terms that by their nature are intended to continue
indefinitely will continue to apply, including but not limited to: Sections 6
(Google's Proprietary Rights); 12.4 and 12.5 (Terminating this Agreement);
13 (Exclusion of Warranties); 14 (Limitation of Liability); 15 (Indemnity);
and 19 (General Legal Terms).
13. EXCLUSION OF WARRANTIES.
13.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 13 AND 14, WILL
EXCLUDE OR LIMIT GOOGLE'S WARRANTY OR LIABILITY FOR LOSSES THAT 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 CERTAIN TYPES OF LOSS OR DAMAGES. ACCORDINGLY,
ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU,
AND GOOGLE.S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY
LAW.
13.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF
THE SERVICE AND THE CONTENT IS AT YOUR SOLE RISK AND THAT THE SERVICE AND
THE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." IN PARTICULAR, GOOGLE,
ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS AND THEIR SUPPLIERS,
DO NOT REPRESENT OR WARRANT TO YOU THAT:
(a) YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS;
(b) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE OR FREE FROM ERROR;
(c) THE INFORMATION OBTAINED
BY YOU AS A RESULT OF YOUR USE OF THE SERVICE WILL BE ACCURATE
OR RELIABLE; AND
(d) DEFECTS IN THE OPERATION OR
FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE
SERVICE WILL BE CORRECTED.
13.3 ANY CONTENT OBTAINED THROUGH THE USE OF THE GOOGLE SERVICES
IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE, LOSS OF DATA,
OR ANY OTHER DAMAGE OR INJURY THAT RESULTS FROM THE DOWNLOAD OR USE OF
ANY SUCH CONTENT.
13.4 NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM GOOGLE, OR THROUGH OR FROM THE
SERVICE OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE
TERMS.
13.5 GOOGLE, ITS LICENSORS, AND THEIR SUPPLIERS FURTHER
EXPRESSLY DISCLAIM 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.
14. LIMITATION OF LIABILITY.
14.1 SUBJECT TO SECTION 13.1, YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOOGLE,
ITS SUBSIDIARIES, AND AFFILIATES, AND GOOGLE'S LICENSORS AND THEIR SUPPLIERS,
WILL NOT BE LIABLE TO YOU FOR:
(a) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER
CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING, BUT NOT
BE LIMITED TO: CONTRACT, TORT, COMMON LAW, OR STATUTORY
DAMAGES;
ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY
OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION,
ANY LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES, OR OTHER INTANGIBLE LOSS); OR
(b) ANY 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 GOOGLE SERVICES;
(ii) ANY CHANGES THAT
GOOGLE MAY MAKE TO THE SERVICE, OR ANY PERMANENT OR
TEMPORARY CESSATION IN THE PROVISION OF THE SERVICE
(OR ANY FEATURES WITHIN THE SERVICE);
(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 SERVICE;
(iv) YOUR FAILURE TO PROVIDE GOOGLE WITH ACCURATE
ACCOUNT INFORMATION; OR
(v) YOUR FAILURE TO
KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND
CONFIDENTIAL.
14.2 THE LIMITATIONS ON GOOGLE'S LIABILITY TO YOU IN SECTION 14.1
ABOVE WILL APPLY WHETHER OR NOT GOOGLE, ITS SUBSIDIARIES, AFFILIATES, LICENSORS OR THEIR
SUPPLIERS HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY
OF ANY SUCH LOSSES OR DAMAGES.
15. Indemnities.
15.1 You hereby agree to defend, indemnify, and hold Google, its
officers, directors, agents, affiliates, strategic partners, licensors
and their suppliers ("
the Indemnified Parties") harmless from and
against any claim or liability arising out of:
(a) your use of the Maps API(s) in breach of the Terms or
applicable policies;
(b) your Maps API Implementation;
(c) any use by users of your Maps API Implementation;
(d)
any claim that your Maps API Implementation or Your Content
violates any applicable law, including but not limited to any
claim that your Maps API Implementation infringes the rights
of a third party.
15.2 You will 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 Maps API(s) may be irreparable; therefore, Google is entitled to seek
equitable relief, including but not limited to preliminary injunction
and injunction, in addition to all other remedies.
16. Copyright Policies; Content Removal; Termination of
Repeat Offenders’ Accounts.
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 terminate the accounts of
repeat offenders. Details of Google's policy can be found
here.
17. Other Content.
17.1 The Service may include hyperlinks to
other websites or content or resources. Google has no control over any
web sites or resources that are provided by companies or persons other
than Google. 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 websites or resources.
17.2 You acknowledge and agree
that Google is not liable for any loss or damage that 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 websites or resources.
18. Language of the Terms.
18.1 Where Google has provided you with a
translation of the English language version of the Terms, you agree that
the translation is provided for your convenience only and that the English
language version of the Terms will govern your relationship with Google.
18.2 If there is any contradiction between the English language
version of the Terms and a translation of the Terms, the English language
version will take precedence.
19. General Legal Terms.
19.1
Notices. You agree that Google may provide you
with notices, including those regarding changes to the Terms, by email,
regular mail, or postings on the Service.
19.2
No Waiver.
You agree that if Google does not exercise or enforce any legal right or
remedy available to it under the Terms (or any applicable law), Google will
not be deemed to have waived its rights or remedies, and those rights
and remedies will still be available to Google. Any waiver of any
provision of these Terms will be effective
only if Google expressly states in a signed writing that it is waiving a
specified Term.
19.3
Severability. If any court of law
that has jurisdiction 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.
19.4
Third Party Beneficiaries.
You acknowledge and agree that each member of the group of companies of which
Google is the parent, and each of the Indemnified Parties, will be third party
beneficiaries to the Terms and that
such other companies will be entitled to directly enforce, and rely upon,
any provision of the Terms that confers a benefit on (or rights in favor
of) them. Other than this, no other person or company will be a third party
beneficiary to the Terms.
19.5
Assignment. The Terms
may be assigned by Google and will inure to the benefit of Google, its
successors, and assigns.
19.6
Governing Law and Jurisdiction;
Injunctive Relief. The Terms, and your relationship with Google under
the Terms, are governed by the laws of the State of California, USA,
without regard to its conflict of laws provisions. You and Google agree to
submit to the exclusive, personal jurisdiction of the federal or state
courts of Santa Clara County, California, USA, to resolve any
legal matter arising from or related to
the Terms. Notwithstanding this, you agree that Google will be allowed
to apply for injunctive remedies (or an equivalent type of urgent legal
relief) in any jurisdiction.
19.7
Complete Agreement.
These Terms constitute the whole legal agreement between you and Google
in connection with, and govern your use of, the Service and Content. These
Terms completely replace and
supersede any prior agreements between you and Google, written or oral,
in connection with the Service and Content.