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Google Mobile Terms of Service Welcome! By adding the Google mobile services, including without limitation, our wireless/mobile image search ("Google Mobile Services") to your web/mobile site (via hyperlink or otherwise), you agree to be bound by the following terms and conditions (the "Mobile Terms of Service"). If you are agreeing on behalf of your employer, you represent and warrant that you have the legal right and authority to, and you hereby do, bind your employer to the terms and conditions of this Mobile Terms of Service. Content Linked to by Google The sites displayed as search results or linked to by Google Mobile Services are developed by people over whom Google exercises no control. The search results that appear from Google's indices are indexed by Google's automated machinery and computers, and Google cannot and does not screen the sites before including them in the indices from which such automated search results are gathered. A search using Google Mobile Services may produce search results and links to sites that some people find objectionable, inappropriate, or offensive. We cannot guarantee that a Google search will not locate unintended or objectionable content and assume no responsibility for the content of any site included in any search results or otherwise linked to by the Google Mobile Services. Limited License You may use the software, technology, trademarks, logos, content pages, screen shots, or other distinctive features ("Google Brand Features") provided or made available to you by Google for the sole purpose of enabling your customers to use the Google Mobile Services for their personal, non-commercial use. You may not use the Google Mobile Services or Google Brand Features for any other reason, including selling a product or service, or increasing traffic to your Web/mobile site for commercial reasons, such as advertising sales. You may not take the results from a Google search and reformat and display them, or mirror the Google home page or results pages on your Web/mobile site or otherwise alter or modify them in any way. You may not "meta-search" Google. If you want to make commercial use of the Google Mobile Services, you must enter into an agreement with Google to do so in advance. Please contact us for more information. You will display and not remove any Google branding or logos that we require that you display in connection with your use of the Google Mobile Services. You agree to adhere to Google's then current brand feature use guidelines, and any content contained or referenced therein, which may be found at the following URL: http://www.google.com/permissions/guidelines.html (or such other URL Google may provide and/or update from time to time). Except for the limited license granted here, you do not acquire any right, title or interest in or to Google Brand Features. All use by you of the Google Brand Features (including any goodwill associated therewith) will inure to the benefit of Google. At no time will you challenge or assist others to challenge the trademarks or servicemarks of Google or the registration thereof by Google, or form any combination marks with any Google Brand Features, nor will you attempt to register any Google Brand Features or domain names that are confusingly similar to those of Google. Google reserves all rights not expressly granted under these Mobile Terms of Service. Implementation You will implement any and all identifiers and other programming and/or technological elements that we ask that you implement in connection with the Google Mobile Services. In addition, you will promptly notify us if your query volume for the Google Mobile Services for any month exceeds 50,000. Privacy Policy Click here to review the privacy policy applicable to the Google Mobile Services. Changes In Mobile Terms of Service and Google Mobile Services We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any user (including any of your customers) or any third party. We reserve the right to modify or terminate these Mobile Terms of Service from time to time without notice. Upon any such termination, any and all rights granted by Google to you shall terminate. Please review these Mobile Terms of Service from time to time so that you will be apprised of any changes. Intellectual Property Policy It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. For directions and more information, please click here. For information regarding our trademark complaint procedure, please click here. Disclaimer of Warranties Google disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the Google Mobile Services results. Google disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Google disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Google Mobile Services. THE GOOGLE MOBILE SERVICES, GOOGLE BRAND FEATURES AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE GOOGLE MOBILE SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. GOOGLE AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. GOOGLE AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE GOOGLE MOBILE SERVICES. GOOGLE AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE GOOGLE MOBILE SERVICES. GOOGLE AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE GOOGLE MOBILE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE GOOGLE MOBILE SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE GOOGLE MOBILE SERVICES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE GOOGLE MOBILE SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION. Indemnification You will defend, indemnify and hold harmless Google, its affiliates, its partners (e.g., syndication business partners), and its customers from and against any damages, loss, and/or liability based upon or in connection with third party claim, lawsuit or proceeding brought against Google based upon or in connection with your use of the Google Mobile Services (e.g., use of image search services) or any breach of this Agreement (e.g., your failure to provide reasonable access to the terms and conditions that apply to end user customers). Limitation of Liability UNDER NO CIRCUMSTANCES SHALL GOOGLE OR ITS LICENSORS BE LIABLE TO YOU, ANY USER (INCLUDING ANY OF YOUR CUSTOMERS), OR ANY THIRD PARTY ON ACCOUNT OF THAT PARTY'S USE OR MISUSE OF OR RELIANCE ON THE GOOGLE BRAND FEATURES OR THE GOOGLE MOBILE SERVICES ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF GOOGLE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE GOOGLE BRAND FEATURES, THE GOOGLE MOBILE SERVICES, FROM INABILITY TO USE THE GOOGLE MOBILE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE GOOGLE MOBILE SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE GOOGLE MOBILE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE GOOGLE MOBILE SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE GOOGLE MOBILE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE GOOGLE MOBILE SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE GOOGLE MOBILE SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE GOOGLE MOBILE SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. Without limiting the foregoing, under no circumstances shall Google or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. Miscellaneous Provisions These Mobile Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Mobile Terms of Service to be unenforceable, the remainder of the Mobile Terms of Service will continue in full force and effect. These Mobile Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Mobile Terms of Service will be effective only if in writing and signed by Google.
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©2005 Google - Privacy Policy - Terms of Service
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