Principles

The following Terms of Service (ToS) can feel like a legal document because, well, it is a legal document. If you're going to invest lots of time in using our APIs we recommend you read it, maybe even twice, because we want you to gain comfort and confidence in the agreement. When you do review the ToS, please keep these two principles in mind:

1) Respecting YouTube's content creators is very important to us. Whether it's one dude with a camera or a global media company, people worldwide are using YouTube to share video. Part of our responsibility to that community is giving them tools to manage how their content is shared, used to make money and generally displayed. Sometimes this respect manifests itself in what we do (or don't) support in these APIs.

2) Our ToS tries to predict the future. What does that mean? Basically that we're trying to cover a bunch of different ideas (our geeky product managers call them "use cases") that may or may not exist today. Developers are a creative bunch—and there are a lot of you—so we're trying to imagine all the code which can be written and give some guidance on whether that's permitted or not. We expect the ToS will evolve over time as technology advances and YouTube continue to grow.

Anyway, thanks for getting this far. Please continue reading and we can't wait to see what you build!

—The YouTube API Team

Introduction

In exchange for Your access to and use of the YouTube API, API Data, Application IDs, API Specifications, and Developer Credentials, You agree to be bound by these YouTube API Terms of Service (this "Agreement"), the general YouTube Terms of Use (available at http://youtube.com/t/terms), and the YouTube Privacy Policy (available at http://youtube.com/t/privacy). In this agreement, "You" (including "Your" and "Yours") means any entity identified in an enrollment form submitted by the same or affiliated persons, and/or any agency or network acting on its (or their) behalf, which shall also be bound by the terms of this Agreement. In the event of an inconsistency between this Agreement and either the YouTube Terms of Use or the YouTube Privacy Policy, this Agreement shall control. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

The YouTube API is a feature of YouTube and a description of the YouTube API program, as generally offered by YouTube, is available at http://code.google.com/apis/youtube/overview.html, or such other URL as YouTube may provide from time to time. The YouTube API and API Specifications are, as applicable, the intellectual property and proprietary information of YouTube. Your right to use, copy and to retain a copy of YouTube API and API Specifications is contingent on Your full compliance with this Agreement. If You violate all or part of this Agreement, Your access to API may be suspended or terminated without notice. If You decide to terminate Your agreement to all or part of this Agreement, You shall immediately cease all use of YouTube API and destroy any copies of API Specifications, and if requested by YouTube, certify to YouTube such destruction.

I. Definitions

"API Client" means a website, web page, software application or program developed by You for any device that makes use of the YouTube API.

"API Data" means any data or content, including but not limited to YouTube video content, obtained from YouTube using any YouTube API, including advertising content that YouTube may, in its sole discretion, provided along with or insert in data or content obtained from YouTube using the YouTube API.

"API Specifications" means all information and documentation YouTube provides specifying or concerning the YouTube API, and any YouTube-supplied implementations or methods of use of the YouTube API.

"Application ID" means the unique identifier that YouTube assigns to every application that registers for use of the YouTube API.

"Developer Credentials" means information assigned to You by YouTube that allows You to access YouTube servers and make use of the YouTube API.

"Third Party" means a party other than YouTube or You (including, without limitation, any database, software or service owned by or under the control of a party other than YouTube or You).

Using the "YouTube API" means using the mark-up language described in the YouTube API Specifications to: (i) access YouTube servers through the YouTube API, (ii) receive API Data and other information from YouTube servers in response to YouTube API calls, and (iii) transmit videos, content, data or information to the YouTube servers via the YouTube API.

II. API Use

1. Permission to Use. You may use the YouTube API only in accordance with the terms and conditions of this Agreement and the API Specifications and only with Your own Developer Credentials.

2. API Data Transfers, Disclosures, Security.

a. Transfer of API Data. You shall not sell, lease, lend, convey, redistribute, or sublicense to any Third Party all or any portion of API Data, except that You may distribute and display the YouTube video content and accompanying metadata to Your users through Your API Client in a manner that complies with this Agreement.

b. Transfer of other API Materials. You shall not disclose all or part of any API Specification, Your Developer Credentials, or Your Application IDs to any Third Party except Your agent(s) using such information solely on Your behalf solely in accordance with this Agreement and under a written duty of confidentiality. You take responsibility for any and all use and disclosure of API Specifications, Your Developer Credentials and Your Application IDs obtained through You.

c. Security. You shall use all reasonable efforts to keep all non-public API Data, Your Developer Credentials, Your Applications IDs, and API Specifications in a secure environment at all times.

d. Data Collection. Except as expressly permitted by YouTube under a separate YouTube product or service feature or agreement, You shall not use any automated means (e.g., scraping and robots) other than the YouTube API itself to access, query or otherwise collect information from the YouTube website (collectively, "Automated Information Access"). You can employ session based caching of YouTube API results but must use commercially reasonable efforts to update cached results upon any changes in video metadata. For example, if a video is removed from the YouTube service or made "private" by the video uploader, cached results and thumbnails should be removed from Your cache.

3. No Guaranteed Access. YouTube may suspend or terminate Your access to the YouTube API for any or no reason at any time and will bear no liability for such decision. You are solely responsible at all times to backup Your data and to be prepared to manage Your account(s) without access to the YouTube API. YOUTUBE DOES NOT REPRESENT OR WARRANT, AND SPECIFICALLY DISCLAIMS, THAT THE YOUTUBE API WILL BE AVAILABLE WITHOUT INTERRUPTION.

4. YouTube Monitoring. You acknowledge that YouTube may monitor any YouTube API activity for the purpose of ensuring quality, improving YouTube products and services, and compliance with these terms. You shall not interfere with such monitoring or otherwise obscure from YouTube Your API activity. YouTube may use any technical means to overcome such interference. However, YouTube is not responsible for monitoring or policing any dispute related to Your use of any YouTube services (including, without limitation, the YouTube API) that may arise between You and any account owner or other Third Party.

III. General

1. No Continuous Standard. YouTube may suspend or terminate Your access to the YouTube API, or change any or all of the YouTube API, protocols or methods of access to it, or the API Specifications for any or no reason and is not liable to You for such decision.

2. Client Software Principles and Compliance, Notices to Users. Your development and distribution of any software application that accesses YouTube, including, without limitation, Your development or distribution of any API Client, shall at all times comply with (a) the software principles set forth at http://www.google.com/corporate/software_principles.html (or such other URL YouTube may provide from time to time), (b) all the terms and conditions of this Agreement, and (c) and the general YouTube Terms of Use (http://www.youtube.com/t/terms). The development and distribution of any software that enables, facilitates, or encourages the capturing, "stream-grabbing," or downloading of YouTube video content is expressly prohibited under this Agreement and the general YouTube Terms of Use. If You use the YouTube API to permit Your users to upload videos to YouTube, You must notify the user of the obligation to comply with the YouTube Terms of Use and content policies and provide the user with the following link to the YouTube Terms of Use (http://youtube.com/t/terms). If videos will be uploaded to Your channel and not the user's channel, You must notify the user of the terms of ownership between You and the user with respect to such video.

3. Compliance with Law and Policies. You are responsible for complying with all applicable laws, rules and regulations, all third party rights and all YouTube policies. You shall not use the YouTube API in a manner that violates such laws, rules and regulations, third parties' rights or any YouTube policies or in a manner that is deceptive, unethical, false or misleading. For avoidance of doubt, You shall not distribute or provide access to applications You develop in contravention of U.S. export control or trade laws.

4. Commercial Use. You agree not to use the YouTube API for any prohibited commercial uses, which include the following actions taken without YouTube's express approval:

• the sale of the YouTube API, API Data, YouTube video content or related services, or access to any of the foregoing;
• the sale of advertising, sponsorships, or promotions targeted to, within, or on the API Client or YouTube video content;

Prohibited commercial uses do not include:

• uploading an original video to YouTube, or maintaining an original channel on YouTube, to promote Your own business or artistic enterprise;
• using the YouTube API to show YouTube content on an ad-enabled blog or website that is not comprised solely or substantially of YouTube video content;
• the placement of Your own branding on the API Client, provided that it does not interfere with YouTube video content playback or with any YouTube branding;
• the sale or distribution of any device that contains or runs an API Client; or
• any use that YouTube expressly authorizes in writing.

5. You agree that You will not, and You will not encourage or create functionality for Your users or other third parties to: (a) modify or replace the text, images, or other content of the YouTube search results, including by (i) changing the order in which search results are presented as YouTube search results, or (ii) intermixing sources other than YouTube when search results are presented as YouTube search results; or (b) modify, replace or otherwise disable the functioning of links to YouTube or third party websites provided in the YouTube search results.

6. Duty not to Interfere. You shall not interfere or attempt to interfere in any manner with the proper workings of the YouTube API, and You shall not create or distribute any API Client that adversely affects the functionality or performance of YouTube or services provided by YouTube. Your duty not to interfere shall include, but not be limited to, Your duty to respect all geographically based Internet Protocol (IP) restrictions, if any, implemented by YouTube. Any implementation of the YouTube API that circumvents or renders ineffective such IP restrictions, including blocking or modifying the IP address of any of Your end users, is expressly prohibited.

7. Usage and Quotas. YouTube may, in its sole discretion, set a quota of operations on Your YouTube API usage. You shall not attempt to exceed automated use-quota restrictions. You shall not attempt to aggregate Your use or representation of accounts primarily for the purpose of manipulating Your YouTube API use-quotas.

8. YouTube-Related Data Provided by Your End Users. You shall not interfere with, modify, or collect any YouTube-Related Information provided by Your End Users. "YouTube-Related Information" means any data, including but not limited to YouTube account information and video metadata (description fields, tags, ratings, etc.), provided by the user.

9. No Technical Support. You understand and agree that YouTube will provide no guarantee of technical support services to You in connection with the integration of the YouTube API with Your API Client.

10. No Implied Rights. Except as expressly granted herein, neither party through this Agreement grants the other party any intellectual property rights or other propriety rights. You hereby release and covenant not to sue YouTube and its corporate affiliates and any of their officers, directors, employees, agents, shareholders, licensors, licensees, assigns or successors, for any and all damages, liabilities, causes of action, judgments, and claims (a) pertaining to any intellectual property You develop that is based on, uses, or relates to the YouTube API; and (b) which otherwise may arise in connection with Your use of, reliance on, or reference to the YouTube API. As between You and YouTube, YouTube, its corporate affiliates, and its applicable licensors retain all intellectual property rights (including all patent, trademark, copyright, trade secret, and other proprietary rights) in and to the YouTube API Specifications, all YouTube websites and all YouTube services and any derivative works in connection therewith. All license rights granted herein are not sublicensable, transferable or assignable unless otherwise stated herein.

11. Non-exclusive. This Agreement is a non-exclusive agreement. You acknowledge that YouTube may be developing and may develop products or services that may compete with this YouTube API, API Clients or any other products or services.

12. Publicity. You agree that YouTube may use Your name and/or logo in presentations, marketing materials, customer lists, financial reports, Web site listings of customers, research and marketing case studies and other marketing-related activities. You may not issue any public announcement regarding Your use of the YouTube API which suggests partnership with YouTube without YouTube's prior review and written approval, at YouTube's sole discretion.

13. Brand Feature Rules. "YouTube Brand Features" means the trade names, trademarks, service marks, logos, domain names and other distinctive brand features of YouTube. YouTube grants You a non-exclusive license to use the YouTube Brand Features solely in connection with their display on or through the API Client as delivered by YouTube. You shall prominently display the Powered by YouTube logo delivered to you by YouTube on (a) any page of Your API Client that presents YouTube video content through the YouTube API, and (b) any page of Your API Client that accepts video uploads from Your users through the YouTube API. Your use of any YouTube Brand Features is subject to the YouTube Brand Guidelines set forth at http://code.google.com/apis/youtube/branding.html which may be modified by YouTube at anytime. YouTube may terminate Your license to use the YouTube Brand Features at any time for any or no reason. Goodwill in YouTube Brand Features will inure only to YouTube's benefit and You obtain no rights with respect to any of them. You irrevocably assign and will assign to YouTube any right, title and interest that You obtain in any of YouTube's Brand Features. You shall not at any time challenge or assist others to challenge YouTube Brand Features or their registration (except to the extent You cannot give up that right by law) or attempt to register any trademarks, marks or trade names confusingly similar to YouTube's. This paragraph survives any termination or expiration of this Agreement.

14. Confidentiality. You agree not to disclose YouTube Confidential Information without YouTube's prior written consent. "YouTube Confidential Information" includes, without limitation: (a) all YouTube software, technology, programming, and specifications relating to the YouTube API and the program; (b) API Data; and (c) any other information designated in writing by YouTube as "Confidential" or an equivalent designation. YouTube Confidential Information does not include information that has become publicly known through no breach by You or YouTube, or information that has been (i) independently developed without access to YouTube Confidential Information as evidenced in writing; (ii) rightfully received by You from a third party who has the lawful right to disclose such information; or (iii) required to be disclosed by law or by a governmental authority.

15. Indemnification. You shall indemnify, defend and hold YouTube, its agents, affiliates, and licensors harmless from any claim, costs, losses, damages, liabilities, judgments and expenses (including reasonable fees of attorneys and other professionals), arising out of or in connection with any claim, action or proceeding (any and all of which are "Claims") by a Third Party arising out of Your use of the YouTube API in any manner that breaches this Agreement or otherwise arising out of materials or technology contributed by You and not by YouTube.. At YouTube's option, You shall assume control of the defense and settlement of any Claim subject to indemnification by You (provided that, in such event, YouTube may at any time thereafter elect to take over control of the defense and settlement of any such Claim, and in any event, You shall not settle any such Claim without YouTube's prior written consent).

16. Termination. Any licenses contained in this Agreement will terminate automatically without notice if You fail to comply with any provision of this Agreement. YouTube reserves the right to terminate this Agreement or discontinue the YouTube API or any portion or feature thereof for any or no reason and at any time without liability to You. Upon any termination or notice of any discontinuance, You shall immediately stop and thereafter desist from using the YouTube API and delete all API Specifications in Your possession or control (including, without limitation, from Your servers). YouTube may independently communicate with any account owner whose account(s) are associated with Your Developer Credentials to provide notice of both the termination of Your right to use the YouTube API and the display of any advertisements associated with Your Developer Credentials. Sections I, II (2), (3)(b)-(d), (4) and (5), and III hereto shall survive any termination or expiration of this Agreement and will continue to bind You in accordance with their terms.

17. Modification. YouTube may modify any of the terms and conditions contained in this Agreement at any time and in its sole discretion by posting a change notice to Your account, changing these terms and conditions, emailing to the email address of Your account or account associated with Your Developer Credentials or otherwise notifying You. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED USE OF THE YOUTUBE API, CONTINUED POSSESSION OF A COPY OF NON-PUBLIC API SPECIFICATIONS OR CONTINUED DEVELOPMENT FOLLOWING POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

18. Disclaimer and Limitation of Liability. YOUTUBE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, FOR NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE. YOUTUBE SHALL HAVE NO DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER LIABILITY WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, UNDER THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LIABILITY AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN THE EVENT THAT THE FOREGOING IS NOT ENFORCEABLE, YOUTUBE'S AGGREGATE LIABILITY UNDER THIS AGREEMENT IS LIMITED TO AMOUNTS PAID OR PAYABLE TO YOUTUBE BY YOU FOR THE YOUTUBE API SERVICES IN THE MONTH PRECEDING THE CLAIM.

19. Release. If You have a dispute with one or more YouTube account owners, You release YouTube (and its officers, directors, agents, affiliates, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If You are a California resident, You waive California Civil Code 1542 which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

20. Miscellaneous. The Agreement is governed by California law, except for California's conflicts of laws principles, and all claims arising out of or relating to this Agreement or the YouTube services and programs shall be litigated exclusively in the federal or state courts of Santa Clara County, California, USA, and You and YouTube consent to personal jurisdiction in those courts. The Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. You may grant approvals, permissions and consents to YouTube by email, but any modifications by You to this Agreement shall be made in a writing (not including email) executed by both parties. Any notices to YouTube shall be sent to our corporate headquarters address as set forth on our website via first class or air mail or overnight courier, and is deemed given upon receipt. A waiver of any default is not a waiver of any subsequent default. Unenforceable provisions will be modified to reflect the parties' intention, and remaining provisions of the Agreement will remain in full effect. You shall not assign or otherwise transfer any of Your rights or delegate Your obligations hereunder and any such attempt is null and void. You and YouTube are not legal partners or agents, but are independent contractors.

March 10th, 2008