Google Picasa APIs Terms of Service
1. Your relationship with Google
1.1 Your use of either or both of the Picasa Button API (the “Button API”) and the Picasa Web Uploader API (the “Uploader API”)) is subject to the terms of a legal agreement between you and Google. “Google” means Google Inc., whose principal place of business is at 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
1.2 Unless otherwise agreed in writing with Google, your agreement with Google will always include, at a minimum, the terms and conditions set out in this document, along with the then-current version of documentation and policies that Google makes available for the Button API and the Uploader API. Together, these are referred to below as the “API Terms.” (The current version of the Button API documentation is located at http://code.google.com/apis/picasa/docs/button_api.html and the current version of the Uploader API is located at http://code.google.com/apis/picasa/docs/web_uploader.html.)
1.3 If you use the Button API or Uploader API in connection with any other Google products or services (together, the Button API, Uploader API, and any other Google products or Services are referred to below as the “Services”), your agreement with Google will also include the terms applicable to those Services. Together, the terms applicable to those Services are referred to below as the “Additional Terms.”
1.4 Where Additional Terms apply, these will be accessible for you to read either within, or through your use of, that Service. The API Terms, together with any Additional Terms and with Google’s Privacy Policy (which is located at http://picasa.google.com/web/privacy.html), form a legally binding agreement between you and Google in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.
1.5 If there is any contradiction between the Additional Terms and the API Terms, the API Terms shall take precedence (but only in connection with the Button API and the Uploader API, and not in connection with any other Services).
1.6 You represent and warrant that you have full authority to accept these Terms. If you are accepting on behalf of someone else, you represent and warrant that you have full legal authority to bind that person or entity to these Terms. If you don't have full legal authority to bind, please ensure that an authorized person from your entity consents to and accepts this agreement.
1.7 A “Button” means (a) a file consisting of code, including but not limited to XML, HTML, or JavaScript, that uses the Button API; and (b) any content contained within or directly associated with this file, including but not limited to data, written text, flash, images, and computer code.
2. Accepting the Terms
2.1 In order to use the Button API or the Uploader API, you must first agree to the Terms. You may not use the Button API or Uploader API if you do not accept the Terms. Before you continue, you should print or save a local copy of the Terms for your records.
2.2 You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by Google for any Services; or
(B) by actually using either the Button API or the Uploader API. In this case, you understand and agree that Google will treat your use as acceptance of the Terms from that point onwards.
2.3 You may not use the Button API or the Uploader API, and you may not accept the Terms, if (a) you are not of legal age to form a binding contract with Google, or (b) you are a person barred from receiving the Button API or the Uploader API under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
2.4 Before you continue, you should print off or save a local copy of the Terms for your records.
3. Language of the Terms
3.1 Where Google has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Google.
3.2 If there is any contradiction between the English language version of the Terms and a translation, then the English language version shall take precedence.
4. Provision of the Services by Google
4.1 Google has subsidiaries around the world (“Subsidiaries”). Sometimes, these Subsidiaries will be providing Services to you on behalf of Google itself. You acknowledge and agree that Subsidiaries will be entitled to provide the Services to you.
4.2 Google is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services may change from time to time without prior notice to you.
4.3 As part of this continuing innovation, you acknowledge and agree that Google may stop (permanently or temporarily) providing any or all of the Services (or features within the Services) to you or to users generally at Google’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Google when you stop using the Services.
4.4 You acknowledge and agree that if Google disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
4.5 You acknowledge and agree that while Google may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used in connection with the Services, such fixed upper limits may be set by Google at any time, at Google’s discretion.
5. Use of the Services by you
5.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Services, or as part of your continued use of the Services. You agree that any registration information you give to Google will always be accurate, correct and up to date.
5.2 You agree to use the Services only for purposes (a) that are permitted by the Terms; (b) that are permitted by any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries); and (c) that do not violate the legal rights of any third party, including but not limited to copyrights, trademarks, rights or privacy, and rights against defamation.
5.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Google, unless you have been specifically allowed to do so in a separate agreement with Google. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
5.4 You agree that you will not engage in any activity that interferes with or disrupts any of the Services (or the servers and networks which are connected to any of the Services), including but not limited to submitting or developing Buttons that contain any harmful or malicious code (such as, for example, viruses and worms) or are used to activate such harmful or malicious code.
5.5 If you use any of the Services to provide a service for other users, you agree to protect the privacy and legal rights of those users. If a user provides you with a user name, password, or any other login information or personal information, you must make the user aware that this information will be included in your application, and you must provide legally adequate privacy notice and privacy protection for those users. If you store, or any application or service that you make available stores, information submitted by users, the information must be stored securely. If a user provides you with Google Account information, you may only use that information to access the user’s Google Account when, and for the limited purpose for which, the user has given you permission to do so.
5.6 Unless you have been specifically permitted to do so in a separate agreement with Google, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose, except to the extent expressly permitted by the Terms.
5.7 You agree that you are solely responsible for (and that Google has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Google may suffer) of any such breach. Further, Google is not in any way responsible for the use or misuse of your Button by any user.
5.8 Your communications with end users shall accurately and fully describe your Button, and the functionality of both the Button and any associated products or services.
6. Privacy and your personal information
6.1 For information about Google’s data protection practices, please read Google’s privacy policy at http://picasa.google.com/web/privacy.html. This policy explains how Google treats your personal information, and protects your privacy, when you use the Services.
6.2 You agree to the use of your data in accordance with Google’s privacy policies.
7. Your Button
7.1 Subject to the Terms, you may develop, display and/or distribute your Button using the Services as part of a commercial or non-commercial enterprise, and you may develop your Button for use in accessing paid content or services. You may not charge a separate fee for use of any Button, unless you have entered into a separate signed agreement with Google. If you wish to sell or transfer your Button, you must obtain Google’s prior written permission.
7.2 Google reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from or available through any Service.
7.3 You understand that by using the Services you may be exposed to Content, and your Button or your applications may be associated with Content, that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
7.4 You agree that you are solely responsible for (and that Google has no responsibility to you or to any third party for) (a) the Button and any Content that you create, transmit or display while using any of the Services; (b) the consequences of your actions (including any loss or damage which Google may suffer) by doing so; and (c) any Button that you create, including whether the Button works properly. You agree to maintain your Button(s) to be fully functional at all times.
7.5 Your Button may not violate Google’s Software Principles, the current version of which is available at http://www.google.com/intl/en/corporate/software_principles.html, or any successor versions.
8. Proprietary rights
8.1 You acknowledge and agree that Google (or Google’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Google and that you shall not disclose such information without Google’s prior written consent.
8.2 Unless you have agreed otherwise in writing with Google, nothing in the Terms gives you a right to use any of Google’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
8.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with Google, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and Google's brand feature use guidelines as updated from time to time. These guidelines can be viewed online at http://www.google.com/permissions/guidelines.html (or such other URL as Google may provide for this purpose from time to time).
8.4 Other than the limited license set forth in Section 11, Google acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Google, you agree that you are responsible for protecting and enforcing those rights and that Google has no obligation to do so on your behalf.
8.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
8.6 Unless you have been expressly authorized to do so in writing by Google, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
9. License from Google
9.1 Google gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Google as part of the Services (the “Software”). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Google, in the manner permitted by the Terms.
9.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Services or Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Google, in writing (e.g., through an open source software license).
9.3 Unless Google has given you specific written permission to do so (e.g., through an open source software license), you may not assign (or grant a sub-license of) any of your rights to use the Software, grant a security interest in or over any of your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
9.4 Use, reproduction and distribution of components of the Software released under an open source license are governed solely by the terms of that open source software license.
10. Content license from you
10.1 You represent and warrant that either you own, or that you have obtained, all legal rights necessary to provide the content and services transmitted through the Button, and that you will maintain these legal rights as long as the Button is available to users.
10.2 Google claims no ownership over any Button or Content provided by you to be used with the Services. You retain copyright and any other rights including all intellectual property rights, you already hold in the Button or Content. You agree that you are responsible for protecting and enforcing those rights and that Google has no obligation to do so on your behalf.
10.3 If you choose to submit your Button to Google for inclusion in the Software or Services, you authorize Google and its affiliates to link to and otherwise incorporate your Button into the Services, and you grant Google a worldwide, royalty-free, non-exclusive license to incorporate, modify, copy, distribute, create derivative works of, translate, publicly perform, and publicly display the Button and any Content.
10.4 You agree that Google, in its sole discretion, may use your trade names, trademarks, service marks, Buttons, logos, domain names, and other distinctive brand features in presentations, marketing materials, customer lists, financial reports, and Web site listings (including links to your website) for the purpose of advertising or publicizing your use of the Services.
11. Ending your relationship with Google
11.1 The Terms will continue to apply until terminated by either you or Google as set out below.
11.2 If you want to terminate your legal agreement with Google, you may do so by discontinuing your use of the Services at any time. You do not need to specifically inform Google when you stop using the Services.
11.3 Google may at any time, terminate its legal agreement with you at its sole discretion, without prior notice to you.
11.4 Nothing in this Section shall affect Google’s rights regarding provision of Services under Section 4 of the Terms.
11.5 Upon the termination of the Terms, you shall immediately stop offering or making the Button available.
11.6 When these Terms come to an end, all of the legal rights, obligations and liabilities that are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 17.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
12. EXCLUSION OF WARRANTIES
12.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 12 AND 13, SHALL EXCLUDE OR LIMIT GOOGLE’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
12.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
12.3 IN PARTICULAR, GOOGLE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
12.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
12.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GOOGLE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
12.6 GOOGLE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
13. LIMITATION OF LIABILITY
13.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 12.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT GOOGLE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH GOOGLE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(III) YOUR FAILURE TO PROVIDE GOOGLE WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
13.2 THE LIMITATIONS ON GOOGLE’S LIABILITY TO YOU IN PARAGRAPH 13.1 ABOVE SHALL APPLY WHETHER OR NOT GOOGLE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
14. Copyright and trade mark policies
14.1 It is Google’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers. Details of Google’s policy can be found at http://www.google.com/dmca.html.
14.2 Google operates a trade mark complaints procedure in respect of Google’s advertising business, details of which can be found at http://www.google.com/tm_complaint.html.
15. Other content
15.1 The Services may include hyperlinks to other web sites or content or resources. Google may have no control over any web sites or resources which are provided by companies or persons other than Google.
15.2 You acknowledge and agree that Google is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
15.3 You acknowledge and agree that Google is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
16. Changes to the Terms
16.1 Google may make changes to the API Terms or Additional Terms from time to time. When these changes are made, Google will make a new copy of the API Terms available at http://code.google.com/apis/picasa/terms.html and any new Additional Terms will be made available to you from within, or through, the affected Services.
16.2 You understand and agree that if you use the Services after the date on which the API Terms or Additional Terms have changed, Google will treat your use as acceptance of the updated API Terms or Additional Terms.
17. General legal terms
17.2 The Terms constitute the whole legal agreement between you and Google and govern your use of the Services (but excluding any services which Google may provide to you under a separate written agreement), and completely supercede any prior agreements between you and Google, written or oral, in relation to any or all of the Services.
17.3 You agree that Google may provide you with notices, including those regarding changes to the Terms, by email, regular mail, blog or postings on the Services.
17.4 You agree that if Google does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Google has the benefit of under any applicable law), this will not be taken to be a formal waiver of Google’s rights and that those rights or remedies will still be available to Google.
17.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
17.6 You acknowledge and agree that each member of the group of companies of which Google is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
17.7 The Terms, and your relationship with Google under the Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and Google agree to submit to the exclusive jurisdiction of the courts located within the county of Santa Clara, California to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Google shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.