Terms of Service

Thank you for using the Google Base data API! By using the Google Base data API to display or query Content (the "Base API" or "Service"), you ("You") accept and agree to be bound by the following terms and conditions (the "Terms of Service").

Authority to Accept the Terms of Service. You represent that You are of legal age to form a binding contract and have full power, capacity and authority to accept these Terms of Service. If You are accepting on behalf of Your employer or another entity, You represent that You have full legal authority to bind your employer or such entity to these Terms of Service. If You don't have the legal authority to bind, please ensure that an authorized person from Your entity consents to and accepts these Terms or Use.

1. Service

1.1 Description of Service. These Terms of Service cover Your use and creation of a "Base API Implementation", which means a software application or website that uses the Base API to query and display Content, including Search Results from the Google Base Service ("Base" or "Google Base"). If You wish to use Base to submit Content to Google, then You must agree to a separate set of terms, the Google Base Terms at http://base.google.com/support/bin/answer.py?answer=62594. The Base API consists of an API client library and associated documentation.

The Base API may be used in connection with a software application or website. In order to obtain the Base API, You must have a Google Account. A "Google Account" is a general account that facilitates use of the Base API as well as many other Google Services. 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. You are responsible for maintaining the confidentiality of your Google account password, and are responsible for all activities that occur under Your account. You agree to immediately notify Google of any unauthorized use of Your password or account or any other breach of security. Google cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section 1. Google reserves the right to refuse service to anyone at any time without notice for any reason.

After supplying Google with Your account information and agreeing to the Terms of Service, You will be issued an alphanumeric key assigned to You by Google that is uniquely associated with your Google Account. Your application or site must utilize this key as described in the Google Base API documentation (which can be found at http://code.google.com/apis/base, or other URL as Google may decide from time to time), and Google may block requests made with an invalid key.

1.2 Modifications. Google reserves the right to release subsequent versions of the Base API and to require You to obtain and use the most recent version. Due to things like changes to the law or changes to functionality offered with the Base API, we may need to change these Terms of Service or our product policies from time to time. You should look at the Terms of Service regularly at http://code.google.com/apis/base. Also, we'll post notice of modified terms within the Service. The changes will become effective 7 days after they are posted except if the changes apply to new functionality in which case they will be effective immediately. If you do not agree to modified Terms of Service, please stop using the Base API.

1.3 Real-Time Queries Only and No Content Removal. You may only display Content from Base within or through a Base API Implementation. You may not store content from Base and your Base API Implementation must use a live feed from Base rather than make static or stored uses of Base Content. You may not and may not permit third parties to scrape Base, or store or use Content queried from Base in a manner that permits use of the Content outside of Google's services or Your Base API Implementation or enables access to mass downloads or bulkfeeds of any Content queried from Base.

1.4 No resale of service. You agree not to reproduce, duplicate, copy, sell, trade, or resell any portion of the Content within Google Base, Your Google Base API Implementation, or access to Google Base.

1.5 Appropriate Conduct and Prohibited Uses. If you are displaying Content from Google Base through the Service, You agree that You will not, and You will not permit Your users or other third parties to: (a) modify or obscure the text, images, or other part of any Google Base Content that You display on Your site; or (b) modify, obscure or otherwise disable the functioning of links to Google or third party websites provided in the Google Base Content.

You agree that You are responsible for your own conduct and Content while using the Service and for any consequences thereof. You agree to use the Service only for purposes that are legal, proper and in accordance with these Terms of Service and any applicable policies or guidelines. By way of example, and not as a limitation, You agree that when using the Service, You will not, and will not permit your end users or other third parties to:

• 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;
• upload, post, email or transmit or otherwise make available messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law, these Terms of Service or any applicable policies or guidelines.
• distribute any file posted by another that You know, or reasonably should know, that 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;
• incorporate Google Search Results as the primary content on your website or page; or
• transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. You understand that by using, You may be exposed to Content that is offensive, indecent or objectionable and that Google will not have any liability for such Content to You or any third parties and that You use Google Base at Your own risk.

You agree to comply with all applicable laws regulating the export and import of data.

1.6 Advertising. Google reserves the right to include advertising in the Google Search Results and Content provided to You through the Service.

1.7 User support. You understand and agree that You are solely responsible for providing user support and any other technical assistance for any implementation of the Service in Your application or site. Google is under no obligation to provide You or end users of your application or site with user support or any other technical assistance.

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2. Proprietary Rights

2.1 Google Rights. For purposes of the Terms of Service, "Intellectual Property Rights" shall mean any and all rights existing from time to time under patent law, copyright law, semiconductor chip protection law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. As between You and Google, You acknowledge that Google owns all right, title and interest, including without limitation all Intellectual Property Rights, in and to the Service and that You shall not acquire any right, title, or interest in or to the Service, except as expressly set forth in the Terms of Service. You further acknowledge that third parties may own right, title and interest, including without limitation all Intellectual Property Rights, in and to Content indexed by Google and linked to or excerpted in the Google Search Results or the Base Content, and that You shall not acquire any right, title, or interest in or to such Content except as provided by applicable law.

2.2 License to You. Google grants you a personal, non-transferable and non-exclusive right and license to use the Base API on a single computer; provided that You do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Base API. You agree not to modify the Base API in any manner or form, or to use modified versions of the the Base API, including (without limitation) for the purpose of obtaining unauthorized access to Google services. You agree not to access Google Base by any means other than through the interface that is provided by Google for use in accessing Google services.

2.3 Brand Feature Licenses. 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.

You hereby grant to Google a nontransferable, nonexclusive license during the Term to use Your Brand Features to advertise that You are using the Service.

Google hereby grants to You a nontransferable, nonsublicenseable, nonexclusive license during the Term to display Google's Brand Features for the purpose of promoting or advertising that You use the Service in accordance with this Section 2 and for the purpose of fulfilling Your obligations under Section 2.4 below.

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 site 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 website;
• display a Google Brand Feature as the most prominent element on any page of your website;
• 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 site 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.

Except as set forth in this Section 2.3, 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.

2.4 Attribution. The Google Base 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. You may not delete or in any manner alter these trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

When you display search results or other Content from Google Base, You must clearly and conspicuously attribute the source of the results or other Content by displaying any attributions that are included within the Content and, if not included within the Content, a "powered by Google" attribution within Your display. The documentation for Base may include other attribution requirements and if it does, you must display attribution according to the documentation. Any display of attribution must be in accordance with Section 2.3 of these Terms of Service.

2.5 Links. Google services may provide, or third parties may provide within Base Content, links to other websites or resources. Because Google has no control over such sites and resources, you acknowledge and agree that Google is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Google shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

2.6 Digital Millennium Copyright Act. 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 Search Results, posted to Your site 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.

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3. Privacy Policy

Google's collection and use of personal information is governed by Google's Privacy Policy, available at http://www.google.com/dmca.html. You understand and agree that Google may access, preserve, and disclose Your personal information and the contents of Your account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with legal process or protect the rights, property and/or safety of Google, its affiliates or the public. Personal information collected by Google may be stored and processed in the United States or any other country in which Google or its agents maintain facilities. By using the Service, You consent to any such transfer of information outside of your country.

4. Indemnity

You agree to hold harmless and indemnify Google, and its subsidiaries, affiliates, officers, agents, and employees, advertisers or partners, from and against any third party claim arising from or in any way related to your use of the Service, violation of these Terms of Service or any other actions connected with use of Google services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Google will provide You with written notice of such claim, suit or action.

5. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1. 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.
2. 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.
3. 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.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GOOGLE OR THROUGH OR FROM GOOGLE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE Terms of Service.

6. Limitation of Liability

YOU EXPRESSLY 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.

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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

8.1 Term. The term of the Terms of Service shall commence on the date upon which agree to the Terms of Service and shall continue in force thereafter, unless terminated as provided herein.

8.2 Termination. Google may change, suspend or discontinue all or any aspect of the Service, including their availability, at any time, and may suspend or terminate Your use of the Service at any time. This includes, without limitation, the right to set, at Google's own discretion and at any time, a maximum amount of Google Base Content you may access through the service without Google's prior written consent.

In addition, either party may terminate the Terms of Service at any time, for any reason, or for no reason including, but not limited to, if You engage in any action that reflects poorly on Google or otherwise disparages or devalues the Google Brand Features or Google's reputation or goodwill. If You desire to terminate the Terms of Service, You must remove the Service from Your Site.

8.3 Rejection of Application. Google shall have the right, in its sole discretion, to reject any request to use the Service at any time and for any reason, and such rejection shall render null and void the Terms of Service between You and Google. Google shall not be liable to You for damages of any sort resulting from its decision to reject such a request.

8.4 Effect of Termination. Upon the termination of the Terms of Service for any reason (i) all license rights granted herein shall terminate and (ii) You shall immediately delete any and all Google Search Results and Google Brand Features.

8.5 Survival. In the event of any termination or expiration of the Terms of Service for any reason, Sections 2.1, 4, 5, 6, 7, 8.4, 8.5, 8.6, 8.7 and 9 shall survive termination. Neither party shall be liable to the other party for damages of any sort resulting solely from terminating the Terms of Service in accordance with its terms.

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.

8.7 Third Party Beneficiaries. Nothing in the Terms of Service should be construed to confer any rights to third party beneficiaries.

8.8. Notice. You agree that Google may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on Google services.

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9. General Information

Entire Agreement. The Terms of Service constitute the entire agreement between You and Google and govern your use of the Base API Implementation, superseding any prior agreements between You and Google with respect to your Base API Implementation. You also may be subject to additional terms and conditions that may apply when You use or purchase certain other Google services, affiliate services, third-party content or third-party software.

Choice of Law and Forum. The Terms of Service and the relationship between You and Google shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Google agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California.

Waiver and Severability of Terms. The failure of Google to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Google services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section headings in the Terms of Service are for convenience only and have no legal or contractual effect.

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