Thank you for your interest in using Google Maps as part of the
iPhone SDK. These Google Maps Terms of Service govern your use of
Google Maps accessed through the Apple iPhone SDK.
Google Maps development using the iPhone SDK provides a collection of
services that allow you to include maps, geocoding, and other Content from
Google in your applications.
1. Your relationship with Google.
1.1 Use of the Service is Subject to these Terms. Your use of
the Google Maps API (referred to in this document as
the "Maps API" or the "Service") is subject to the terms
of a legal agreement between you and Google Inc., whose principal place
of business is at 1600 Amphitheatre Parkway, Mountain View, California
94043, United States ("Google"). This legal agreement is referred
to as the "Terms".
1.2 The Terms include Google's Legal Notices and Privacy
Policy.
(a) Unless otherwise agreed in writing with Google, the Terms will include the
following:
(b) Before you use the Maps API, you should read each of the
documents comprising the Terms, and print or save a local copy
for your records.
1.3 Use of Other Google Services and Additional Terms. If you
use the Maps API in conjunction with any other Google products or
services, including any other Google API, (collectively, the Service and
all other Google products and services are referred to as the "Google
Services"), your agreement with Google will also include the terms
applicable to those Google Services. All of these are referred to as
the "Additional Terms." If Additional Terms apply, they will be
accessible to you either within or through your use of the applicable
Google Services. If there is any contradiction between the Additional
Terms and the Maps API Terms, then the Maps API Terms will take
precedence only as it relates to the Maps API, and not to any other
Google Services.
1.4 Precedence of Maps API Terms. If there is any contradiction
between the Maps API Terms and other Maps API-related documents
(including but not limited to the Maps API Documentation), then the
Maps API Terms will take
precedence.
1.5 Changes to the Terms. Google reserves the right to
make changes to the Terms from time to time. When these changes
are made, Google will make a new copy of the Terms available at
http://code.google.com/apis/maps/iphone/terms.html.
You understand and agree that if you use the Service after the date on
which the Terms have changed, Google will treat your use as acceptance
of the updated Terms. If a modification is unacceptable to you, you
may terminate the agreement by ceasing use of the Maps API.
2. Accepting the Terms.
2.1 Clicking to Accept or Using the Maps API. In order
to use the Maps API you must agree to the Terms. 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
the Service; or
(b) using the Maps API. In this case, you understand and agree
that Google will treat your use of the Maps API as acceptance
of the Terms from that point onwards.
2.2 U.S. Law Restrictions. You may not use the Maps API
and may not accept the Terms if you are a person barred from using the
Service under the laws of the United States.
2.3 Authority to Accept the Terms. You represent that you have
full power, capacity and authority to accept these Terms. 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. 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.
3. Privacy and Personal Information.
3.1 Google's Privacy Policy. For information about
Google's data protection practices, please read Google's privacy policy
at
http://www.google.com/privacy.html. This policy explains how Google
treats your personal information and protects your privacy when you use
the Service.
3.2 Use of Your Data under Google's Privacy Policy. You agree
to the use of your data in accordance with Google's privacy policy.
3.3 Your Privacy Policy. You must post and abide by an
appropriate privacy policy, and will comply with all applicable
laws relating to the collection of information from visitors to Your
Maps API Implementation in accordance with Section 9.2 below.
4. Provision of Service by Google.
4.1 Google's Subsidiaries and Affiliates. Google has
subsidiaries and affiliated legal entities around the world
("Subsidiaries and Affiliates"). Sometimes, these companies
will be providing the Service to you on behalf of Google itself.
You acknowledge and agree that Subsidiaries and Affiliates will be
entitled to provide the Service to you.
4.2 Changes to the Service; Termination of the Service.
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 Service that Google provides may change from time to time
without prior notice to you. As part of this continuing innovation, you
acknowledge and agree that Google may stop (temporarily or permanently)
providing the Service (or any features within the Service) to you or
to users generally at Google's sole discretion, without prior notice
to you. Google reserves the right to refuse or discontinue the Service
to anyone, and to disable users' access to the Service, including the
Maps API or any Content, at any time in its sole discretion with or
without notice.
4.3 Limits on Use of the Service. You acknowledge and agree
that Google may impose or adjust the limit on the number of transactions
you may send or receive through the Service; such fixed upper limits
may be set by Google at any time, at Google's discretion.
4.4 New Versions of the Service. Google reserves the right
to release subsequent versions of the Maps API and to require you to
obtain and use the most recent version.
4.5
Advertising. The Service currently does not include
advertising in the maps images.
However, Google reserves the right to
include advertising in the maps images provided to you through
the Service, but will provide you with ninety (90) days notice
prior to the commencement of advertising. Such notice may be
provided on relevant Google websites, including but not limited
to the Google Geo Developers
Blog and the
Google Maps API Group (or such successor URLs that Google may designate
from time to time). During that 90 day period, you may terminate
your use of the Service, or provide notice of your refusal to accept
advertising in accordance with Google's policies and procedures for
providing such notice (which Google may make available from time to
time in its sole discretion).
5. Your Google Account.
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 or your account, 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. Licenses from Google to You.
7.1
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, or any other content.
(c) "Maps API Implementation" means a software
application or website that uses the Maps API 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.
7.2
Service License. Google gives you a personal, worldwide,
royalty-free, non-assignable and non-exclusive license to use the
Service as provided by Google, in the manner permitted by the Terms.
7.3
Content License. Google gives you a personal, worldwide,
royalty-free, 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, and directions) 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 is subject to additional
restrictions located in the
Legal Notices page.
7.4
Brand Features License.
(a)
Grant. Google gives you a personal,
worldwide, royalty-free, non-assignable, non-transferable,
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) use Google Brand Features to disparage Google,
its products, or the Google Services;
(iii) 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;
(iv) 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);
(v) display a Google Brand Feature as the most
prominent element in your Maps API Implementation
on any page of your website;
(vi) display a Google Brand Feature in a manner
that is misleading, defamatory, infringing, libelous,
disparaging, obscene or otherwise objectionable
to Google;
(vii) display a Google Brand Feature 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.
At no time during or after the Term will 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 will 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.
(d)
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 API
Documentation.
7.5
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.
7.6
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.
8. Permitted Uses under Google's Licenses.
8.1
Permitted Purposes. You agree to use the Service only
for purposes:
(a) that are permitted by the Terms;
(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.
8.2
Maps API Documentation and FAQs. For further
guidance regarding use of the Content, please see the
Maps API Documentation and
FAQs.
If there is any conflict between these Terms and the Maps API
Documentation or FAQs, these Terms will
control.
9. License Requirements. Google's licenses above are subject
to your adherence to the following requirements:
9.1
Accessibility to Your Maps API Implementation.
Your Maps API Implementation may not charge an incremental fee solely for the Service.
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 API 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 API
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.
If your Maps API Implementation enables you or any party to gain
access to information about users of the Service, including but not
limited to personally identifying information or non-personally
identifying usage information, you or the party receiving the
information must make publicly available, and must abide by,
an appropriate privacy policy in your Maps API Implementation.
9.4 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 (including any loss or damage which Google may suffer) of
any such breach.
10. License Restrictions. Except as
expressly permitted under the Terms, or unless you have received prior
written authorization from Google (or, as applicable, from the provider of
particular Content), Google's licenses above are subject to your adherence to
all of the restrictions below. Except as explicitly permitted in Section 7,
you must not (nor may you permit anyone else to):
10.1 access
or use the Service or any Content through any technology or means other
than those provided in the Service, or through other explicitly authorized
means Google may designate;
10.2
copy, translate, modify, create a derivative work of, or publicly display any
Content or any part thereof (for example, the following are prohibited: (a)
creating server-side modification of map tiles; and (b) stitching multiple
static map images together to display a map that is larger than permitted
in the Maps API Documentation);
10.3 pre-fetch,
cache, or store any Content, except that you may store 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;
10.4 charge users
or any other third party any incremental fee solely for the use of the Maps API Implementation,
the Service, or the Content, unless you have entered into a separate written
agreement with Google or obtained Google's written permission to do so
(but 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);
10.5 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;
10.6 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, and visible map data;
10.7 delete, obscure, or in any manner alter any warning, notice
(including but not limited to any copyright or other proprietary rights
notice), or link that appears in the Service or the Content;
10.8 use the Static Maps API other than in an implementation in a web
browser;
10.9 use the Service or Content with any products, systems, or applications
for or in connection with:
(a) 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;
(b) any systems or functions for automatic or autonomous control
of vehicle behavior; or
(c) dispatch,
fleet management, business asset tracking, or similar enterprise
applications (the Google Maps API can be used to track assets (such
as cars, buses or other vehicles) as long as the 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.
10.10 print
more than 5,000 copies of sales collateral materials containing a
screenshot of Tele Atlas Content for purposes of commercial sales
lead generation ("Direct Marketing") or incorporate Tele Atlas Content as a core part of printed
matter (such as printed maps or guide books) that you redistribute
for a fee (you must contact Tele Atlas to obtain a direct license if
you desire to do either of the above);
10.11 offer a batch geocoding service that uses Content contained
in any Google Services;
10.12 use or display the Content without a corresponding
Google map, unless you are explicitly permitted to do so in the Maps API Documentation,
the Street View API 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
the Street View API Documentation explicitly permits
you to display Street View imagery without a corresponding Google
map); or
10.13 violate any policies in the Maps API Documentation
or
violate Google's Software Principles (available at http://www.google.com/intl/en/corporate/software_principles.html
or such successor URL as Google may provide) 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:
(a) defame, abuse, harass, stalk, threaten or otherwise
violate the legal rights (such as rights of privacy and
publicity) of others;
(b) upload, post, transmit or otherwise make available
any inappropriate, defamatory, obscene, or unlawful
content;
(c) 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;
(d) upload, post, transmit or otherwise make available
messages that promote pyramid schemes, chain letters,
or disruptive commercial messages or advertisements;
(e)
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;
(f) download any file posted by another that you know,
or reasonably should know, cannot legally be distributed
in such manner;
(g) impersonate another person or entity, or falsify
or delete any author attributions or labels of the origin
or source of Content, or other material;
(h) restrict or inhibit any other user from using and
enjoying the Service or any other Google Services;
(i) delete, obscure, or fail to display the Terms of
Use link as presented through the Service or described
in the Maps API Documentation;
(j) delete, obscure, or in any manner alter any warning,
notice (including but not limited to any copyright or
other proprietary rights notice), or link that appears
in the Service or the Content;
(k) 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;
(l) 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;
(m) display content in your Maps API Implementation that
falsely expresses or implies that such content is sponsored
or endorsed by Google;
(n) create user accounts by automated means or under
false or fraudulent pretenses, or obtain or attempt to
obtain multiple keys for the same URL;
(o) promote or provide instructional information about
illegal activities;
(p) promote physical harm or injury against any group
or individual; or
(q) transmit any viruses, worms, defects, Trojan horses,
or any items of a destructive nature.
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
and as search results through Google Services. This license is solely
for the purpose of enabling Google to operate the Service, to promote
the Service (including through public presentations), and to index
and serve such content as search results through Google Services.
If you are unable or unwilling to provide such a license to Your
Content, please see the FAQ for
information on configuring your Maps API Implementation to opt out.
11.2 Brand Features License. You grant to Google a
nontransferable, nonexclusive license during the Term to use Your Brand
Features to advertise that you are using the Service.
11.3
Authority to Grant Licenses. You confirm 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 discontinuing your use of the Service at any time,
and removing the Maps API code from your Maps API Implementation. 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
at its discretion without prior notice to you.
12.4 Nothing in
this Section will affect Google's rights regarding provision of the Service
under Section 4 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) ANY INFORMATION OBTAINED
BY YOU AS A RESULT OF YOUR USE OF THE SERVICE WILL BE ACCURATE
OR RELIABLE; AND
(d) THAT 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 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, 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);
(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 AFFILIATES, LICENSORS OR THEIR
SUPPLIERS HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY
OF ANY SUCH LOSSES OR DAMAGES.
15. Indemnity.
15.1 You hereby agree to indemnify, defend and hold Google, its
strategic partners, officers, directors, agents, affiliates, 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 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 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.
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 infringers. 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 contained in the Terms (or that 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. 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 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, will be 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 jurisdiction of the courts located in the County
of Santa Clara, California, USA, to resolve any legal matter arising from
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.
The Terms constitute the whole legal agreement between you and Google and
govern your use of the Service and Content, and completely replace and
supersede any prior agreements between you and Google, written or oral,
in relation to the Service and Content.