Software Service
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IMPORTANT: BY USING YOUR iPHONE, YOU ARE AGREEING TO BE BOUND BY THE FOLLOWING
APPLE AND THIRD PARTY TERMS:
A. APPLE iPHONE SOFTWARE LICENSE AGREEMENT
B. NOTICES FROM APPLE
C. GOOGLE MAPS TERMS AND CONDITIONS
D. YOUTUBE TERMS AND CONDITIONS
APPLE INC.
iPHONE SOFTWARE LICENSE AGREEMENT
Single Use License
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING
YOUR iPHONE OR DOWNLOADING THE SOFTWARE UPDATE ACCOMPANYING THIS LICENSE. BY
USING YOUR iPHONE OR DOWNLOADING THIS SOFTWARE UPDATE, AS APPLICABLE, YOU ARE
AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE, UNLESS YOU RETURN THE iPHONE IN
ACCORDANCE WITH APPLE'S RETURN POLICY. IF YOU DO NOT AGREE TO THE TERMS OF THIS
LICENSE, DO NOT USE THE iPHONE OR DOWNLOAD THIS SOFTWARE UPDATE. IF YOU DO NOT
AGREE TO THE TERMS OF THE LICENSE, YOU MAY RETURN THE iPHONE WITHIN THE RETURN
PERIOD TO THE APPLE STORE OR AUTHORIZED DISTRIBUTOR WHERE YOU OBTAINED IT FOR A
REFUND, SUBJECT TO APPLE'S RETURN POLICY FOUND AT http://www.apple.com/legal/sales_policies/.
1. General. The software (including Boot ROM code and other embedded software),
documentation, interfaces, content, fonts and any data that came with your iPhone ("Original
iPhone Software"), as may be updated or replaced by feature enhancements, software updates
or system restore software provided by Apple ("iPhone Software Updates"), whether in read only
memory, on any other media or in any other form (the Original iPhone Software and iPhone
Software Updates are collectively referred to as the "iPhone Software") are licensed, not sold, to
you by Apple Inc. ("Apple") for use only under the terms of this License. Apple and its licensors
retain ownership of the iPhone Software itself and reserve all rights not expressly granted to you.
Apple will provide you any iPhone OS software updates that it may release from time to time, up
to and including the next major iPhone OS software release following the version of iPhone OS
software that originally shipped from Apple on your iPhone, for free. For example, if your iPhone
originally shipped with iPhone 2.x software, Apple would provide you with any iPhone OS
software updates it might release up to and including the iPhone 3.x software release. Such
updates and releases may not necessarily include all of the new software features that Apple
releases for newer iPhone models.
2. Permitted License Uses and Restrictions.
(a) Subject to the terms and conditions of this License, you are granted a limited non-exclusive
license to use the iPhone Software on a single Apple-branded iPhone. Except as permitted in
Section 2(b) below, this License does not allow the iPhone Software to exist on more than one
Apple-branded iPhone at a time or on any other phone, and you may not distribute or make the
iPhone Software available over a network where it could be used by multiple devices at the same
time. This License does not grant you any rights to use Apple proprietary interfaces and other
intellectual property in the design, development, manufacture, licensing or distribution of third
party devices and accessories, or third party software applications, for use with the iPhone. Some
of those rights are available under separate licenses from Apple. For more information on
developing third party devices and accessories for the iPhone, please email
abjc0r@r.postjobfree.com. For more information on developing software applications for the
iPhone, please email abjc0r@r.postjobfree.com.
(b) Subject to the terms and conditions of this License, you are granted a limited non-exclusive
license to download iPhone Software Updates that may be made available by Apple for your
model of the iPhone to update or restore the software on any such iPhone that you own or
control. This License does not allow you to update or restore iPhones that you do not control or
own, and you may not distribute or make the iPhone Software Updates available over a network
where they could be used by multiple devices or multiple computers at the same time. You may
make one copy of the iPhone Software Updates stored on your computer in machine-readable
form for backup purposes only, provided that the backup copy must include all copyright or other
proprietary notices contained on the original.
(c) You may not and you agree not to, or to enable others to, copy (except as expressly
permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the
source code of, decrypt, modify, or create derivative works of the iPhone Software or any
services provided by the iPhone Software, or any part thereof (except as and only to the extent
any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by
licensing terms governing use of open-sourced components included with the iPhone Software).
Any attempt to do so is a violation of the rights of Apple and its licensors of the iPhone Software.
(d) By storing content on your iPhone you are making a digital copy. In some jurisdictions, it is
unlawful to make digital copies without prior permission from the rightsholder. The iPhone
Software may be used to reproduce materials so long as such use is limited to reproduction of
non-copyrighted materials, materials in which you own the copyright, or materials you are
authorized or legally permitted to reproduce.
(e) You agree to use the iPhone Software and the Services (as defined in Section 5 below) in
compliance with all applicable laws, including local laws of the country or region in which you
reside or in which you download or use the iPhone Software and Services.
3. Transfer. You may not rent, lease, lend, sell, redistribute, or sublicense the iPhone Software. You
may, however, make a one-time permanent transfer of all of your license rights to the iPhone
Software to another party in connection with the transfer of ownership of your iPhone, provided
that: (a) the transfer must include your iPhone and all of the iPhone Software, including all its
component parts, original media, printed materials and this License; (b) you do not retain any
copies of the iPhone Software, full or partial, including copies stored on a computer or other
storage device; and (c) the party receiving the iPhone Software reads and agrees to accept the
terms and conditions of this License.
4. Consent to Use of Non-Personal Data.
(a) Diagnostic Data. You agree that Apple and its subsidiaries and agents may collect, maintain,
process and use diagnostic, technical and related information, including but not limited to
information about your iPhone, computer, system and application software, and peripherals, that
is gathered periodically to facilitate the provision of software updates, product support and other
services to you (if any) related to the iPhone Software, and to verify compliance with the terms of
this License. Apple may use this information, as long as it is in a form that does not personally
identify you, to improve our products or to provide services or technologies to you.
(b) Location Data. Apple and its partners and licensees may provide certain services through
your iPhone that rely upon location information. To provide these services, where available,
Apple and its partners and licensees may transmit, collect, maintain, process and use your
location data, including the real-time geographic location of your iPhone. The location data
collected by Apple is collected in a form that does not personally identify you and may be used
by Apple and its partners and licensees to provide location-based products and services. By using
any location-based services on your iPhone, you agree and consent to Apple's and its partners' and licensees'
transmission, collection, maintenance, processing and use of your location data to provide such products and
services. You may withdraw this consent at any time by not using the location-based features or by
turning off the Location Services setting on your iPhone. Not using these features will not impact
the non location-based functionality of your iPhone. When using third party applications or
services on the iPhone that use or provide location data, you are subject to and should review
such third party's terms and privacy policy on use of location data by such third party
applications or services.
5. Services and Third Party Materials.
(a) The iPhone Software enables access to Apple's iTunes Store, App Store and other Apple and
third party services and web sites (collectively and individually, "Services"). Use of the Services
requires Internet access and use of certain Services requires you to accept additional terms. By
using this software in connection with an iTunes Store account, you agree to the latest iTunes
Store Terms and Conditions, which you may access and review at
http://www.apple.com/legal/itunes/ww/.
(b) You understand that by using any of the Services, you may encounter content that may be
deemed offensive, indecent, or objectionable, which content may or may not be identified as
having explicit language, and that the results of any search or entering of a particular URL may
automatically and unintentionally generate links or references to objectionable material.
Nevertheless, you agree to use the Services at your sole risk and that Apple shall have no liability
to you for content that may be found to be offensive, indecent, or objectionable.
(c) Certain Services may display, include or make available content, data, information,
applications or materials from third parties (“Third Party Materials”) or provide links to certain
third party web sites. By using the Services, you acknowledge and agree that Apple is not
responsible for examining or evaluating the content, accuracy, completeness, timeliness,
validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party
Materials or web sites. Apple, its officers, affiliates and subsidiaries do not warrant or endorse
and do not assume and will not have any liability or responsibility to you or any other person for
any third-party Services, Third Party Materials or web sites, or for any other materials, products,
or services of third parties. Third Party Materials and links to other web sites are provided solely
as a convenience to you.
(d) Financial information displayed by any Services is for general informational purposes only and
should not be relied upon as investment advice. Before executing any securities transaction
based upon information obtained through the Services, you should consult with a financial or
securities professional who is legally qualified to give financial or securities advice in your
country or region. Location data provided by any Services is for basic navigational purposes only
and is not intended to be relied upon in situations where precise location information is needed
or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death,
personal injury, property or environmental damage. Neither Apple nor any of its content
providers guarantees the availability, accuracy, completeness, reliability, or timeliness of stock
information, location data or any other data displayed by any Services.
(e) You agree that the Services contain proprietary content, information and material that is
owned by Apple and/or its licensors, and is protected by applicable intellectual property and
other laws, including but not limited to copyright, and that you will not use such proprietary
content, information or materials in any way whatsoever except for permitted use of the Services
or in any manner that is inconsistent with the terms of this License or that infringes any
intellectual property rights of a third party or Apple. No portion of the Services may be
reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell,
distribute, or create derivative works based on the Services, in any manner, and you shall not
exploit the Services in any unauthorized way whatsoever, including but not limited to, using the
Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass
or burdening network capacity. You further agree not to use the Services in any manner to
harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other
party, and that Apple is not in any way responsible for any such use by you, nor for any
harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions
that you may receive as a result of using any of the Services.
(f) In addition, Services and Third Party Materials that may be accessed from, displayed on or
linked to from the iPhone are not available in all languages or in all countries. Apple makes no
representation that such Services and Materials are appropriate or available for use in any
particular location. To the extent you choose to access such Services or Materials, you do so at
your own initiative and are responsible for compliance with any applicable laws, including but not
limited to applicable local laws. Apple and its licensors reserve the right to change, suspend,
remove, or disable access to any Services at any time without notice. In no event will Apple be
liable for the removal of or disabling of access to any such Services. Apple may also impose limits
on the use of or access to certain Services, in any case and without notice or liability.
6. Termination. This License is effective until terminated. Your rights under this License will
terminate automatically or otherwise cease to be effective without notice from Apple if you fail to
comply with any term(s) of this License. Upon the termination of this License, you shall cease all
use of the iPhone Software. Sections 7, 8, 9, 12 and 13 of this License shall survive any such
termination.
7. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT
PERMITTED BY APPLICABLE LAW, USE OF THE iPHONE SOFTWARE AND SERVICES IS AT YOUR
SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE,
ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, THE iPHONE SOFTWARE AND SERVICES PERFORMED BY THE iPHONE SOFTWARE ARE
PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY
KIND, AND APPLE AND APPLE'S LICENSORS (COLLECTIVELY REFERRED TO AS "APPLE" FOR THE
PURPOSES OF SECTIONS 7 AND 8) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH
RESPECT TO THE iPHONE SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF
MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY,
QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. APPLE DOES NOT
WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE iPHONE SOFTWARE AND
SERVICES, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED BY THE iPHONE
SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE iPHONE SOFTWARE
AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICE WILL CONTINUE
TO BE MADE AVAILABLE, THAT DEFECTS IN THE iPHONE SOFTWARE OR SERVICES WILL BE
CORRECTED, OR THAT THE iPHONE SOFTWARE WILL BE COMPATIBLE OR WORK WITH ANY THIRD
PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. INSTALLATION OF THIS SOFTWARE
MAY AFFECT THE USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY
SERVICES. YOU FURTHER ACKNOWLEGE THAT THE iPHONE SOFTWARE AND SERVICES ARE NOT
INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR
TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION
PROVIDED BY THE IPHONE SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY,
OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE
OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR
TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS. NO ORAL OR WRITTEN INFORMATION
OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A
WARRANTY. SHOULD THE iPHONE SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE
ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE
STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT
APPLY TO YOU.
8. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL
APPLE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR
CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY
DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING
OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE iPHONE SOFTWARE AND
SERVICES OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE
iPHONE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT,
TORT OR OTHERWISE) AND EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL
INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY
TO YOU. In no event shall Apple's total liability to you for all damages (other than as may be
required by applicable law in cases involving personal injury) exceed the amount of two hundred
and fifty dollars (U.S.$250.00). The foregoing limitations will apply even if the above stated
remedy fails of its essential purpose.
9. Digital Certificates. The iPhone Software contains functionality that allows it to accept digital
certificates either issued from Apple or from third parties. YOU ARE SOLELY RESPONSIBLE FOR
DECIDING WHETHER OR NOT TO RELY ON A CERTIFICATE WHETHER ISSUED BY APPLE OR A
THIRD PARTY. YOUR USE OF DIGITAL CERTIFICATES IS AT YOUR SOLE RISK. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, APPLE MAKES NO WARRANTIES OR REPRESENTATIONS,
EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE,
ACCURACY, SECURITY, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO
DIGITAL CERTIFICATES.
10. Export Control. You may not use or otherwise export or reexport the iPhone Software except as
authorized by United States law and the laws of the jurisdiction(s) in which the iPhone Software
was obtained. In particular, but without limitation, the iPhone Software may not be exported or
re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury
Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied
Person’s List or Entity List. By using the iPhone Software, you represent and warrant that you are
not located in any such country or on any such list. You also agree that you will not use the
iPhone Software for any purposes prohibited by United States law, including, without limitation,
the development, design, manufacture or production of missiles, nuclear, chemical or biological
weapons.
11. Government End Users. The iPhone Software and related documentation are "Commercial Items",
as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and
"Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or
48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1
through 227.7202-4, as applicable, the Commercial Computer Software and Commercial
Computer Software Documentation are being licensed to U.S. Government end users (a) only as
Commercial Items and (b) with only those rights as are granted to all other end users pursuant to
the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the
United States.
12. Controlling Law and Severability. This License will be governed by and construed in accordance
with the laws of the State of California, excluding its conflict of law principles. This License shall
not be governed by the United Nations Convention on Contracts for the International Sale of
Goods, the application of which is expressly excluded. If for any reason a court of competent
jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this
License shall continue in full force and effect.
13. Complete Agreement; Governing Language. This License constitutes the entire agreement between
you and Apple relating to the iPhone Software and supersedes all prior or contemporaneous
understandings regarding such subject matter. No amendment to or modification of this License
will be binding unless in writing and signed by Apple. Any translation of this License is done for
local requirements and in the event of a dispute between the English and any non-English
versions, the English version of this License shall govern, to the extent not prohibited by local law
in your jurisdiction.
14. Third Party Acknowledgements. Portions of the iPhone Software may utilize or include third party
software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for
such material are contained in the electronic documentation for the iPhone Software, and your
use of such material is governed by their respective terms. Use of the Google Safe Browsing
Service is subject to the Google Terms of Service (http://www.google.com/terms_of_service.html)
and to Google's Privacy Policy (http://www.google.com/privacypolicy.html).
15. Use of MPEG-4; H.264/AVC Notice.
(a) The iPhone Software contains MPEG-4 video encoding and/or decoding functionality. The
iPhone Software is licensed under the MPEG-4 Visual Patent Portfolio License for the personal and
non-commercial use of a consumer for (i) encoding video in compliance with the MPEG-4 Visual
Standard (“MPEG-4 Video”) and/or (ii) decoding MPEG-4 video that was encoded by a consumer
engaged in a personal and non-commercial activity and/or was obtained from a video provider
licensed by MPEG LA to provide MPEG-4 video. No license is granted or shall be implied for any
other use. Additional information including that relating to promotional, internal and commercial
uses and licensing may be obtained from MPEG LA, LLC. See http://www.mpegla.com.
(b) The iPhone Software contains AVC encoding and/or decoding functionality, commercial use of
H.264/AVC requires additional licensing and the following provision applies: THE AVC
FUNCTIONALITY IN THE iPHONE SOFTWARE IS LICENSED HEREIN ONLY FOR THE PERSONAL AND
NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC
STANDARD ("AVC VIDEO") AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A
CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR AVC VIDEO
THAT WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO.
INFORMATION REGARDING OTHER USES AND LICENSES MAY BE OBTAINED FROM MPEG LA L.L.C.
SEE HTTP://WWW.MPEGLA.COM.
16. Yahoo Search Service Restrictions. The Yahoo Search Service available through Safari is licensed
for use only in the following countries and regions: Argentina, Aruba, Australia, Austria, Barbados,
Belgium, Bermuda, Brazil, Bulgaria, Canada, Cayman Islands, Chile, Colombia, Cyprus, Czech
Republic, Denmark, Dominican Republic, Ecuador, El Salvador, Finland, France, Germany,
Greece, Grenada, Guatemala, Hong Kong, Hungary, Iceland, India, Indonesia, Ireland, Italy,
Jamaica, Latvia, Lithuania, Luxembourg, Malaysia, Malta, Mexico, Netherlands, New Zealand,
Nicaragua, Norway, Panama, Peru, Philippines, Poland, Portugal, Puerto Rico, Romania,
Singapore, Slovakia, Slovenia, South Korea, Spain, St. Lucia, St. Vincent, Sweden, Switzerland,
Taiwan, Thailand, The Bahamas, Trinidad and Tobago, Turkey, UK, Uruguay, US and Venezuela.
17. Microsoft Exchange Notice. The Microsoft Exchange mail setting in the iPhone Software is
licensed only for over-the-air synchronization of information, such as email, contacts, calendar
and tasks, between your iPhone and Microsoft Exchange Server or other server software licensed
by Microsoft to implement the Microsoft Exchange ActiveSync protocol.
EA0567
Update Rev. 5/8/09
NOTICES FROM APPLE
If Apple needs to contact you about your product or account, you consent to receive the notices
by email. You agree that any such notices that we send you electronically will satisfy any legal
communication requirements.
GOOGLE MAPS TERMS AND CONDITIONS
Thank you for trying out the Google Maps for mobile software application! This page contains the
terms and conditions (the "Terms and Conditions") for Google Maps for mobile and the enterprise
version of Google Maps for mobile. In order to use this software, including any third party
software made available to you in conjunction with this software and/or the related service,
(collectively referred to below as "Google Maps for mobile") you agree to be bound by these
Terms and Conditions, either on behalf of yourself or on behalf of your employer or other entity.
If you are agreeing to be bound by these Terms and Conditions on behalf of your employer or
other entity, you represent and warrant that you have full legal authority to bind your employer
or such entity to these Terms and Conditions. If you don’t have the legal authority to bind, please
press "No" when asked whether you agree to these Terms and Conditions, and do not proceed
with use of this product.
Additional Terms
Google Maps for mobile is designed to be used in conjunction with Google's Maps services and
other Google services. Accordingly, you agree and acknowledge that your use of Google Maps for
mobile is also subject to (a) the specific terms of service for Google Maps (which can be viewed
at http://local.google.com/help/terms_local.html) including the content notices applicable thereto
(which can be viewed at http://local.google.com/help/legalnotices_local.html), (b) the general
Google terms of service (which can be viewed at http://www.google.com/terms_of_service.html)
and (c) Google’s overall privacy policy (which can be viewed at
http://www.google.com/privacypolicy.html), as well as specific privacy policies, such as the
Google Maps for mobile privacy policy included with this application, such provisions being
hereby incorporated into these Terms and Conditions by reference. To the extent that there is
any inconsistency or conflict between such additional terms and these Terms and Conditions, the
provisions of these Terms and Conditions take precedence.
Network Charges
Google does not charge for downloading or using Google Maps for mobile, but depending on your
plan and your carrier or provider, your carrier or other provider may charge you for downloading
Google Maps for mobile or for use of your mobile phone when you access information or other
Google services through Google Maps for mobile.
Non-Commercial Use Only
Google Maps for mobile is made available to you for your non-commercial use only. This means
that you may use it for your personal use only: you may use it at work or at home, to search for
anything you want, subject to the terms set out in these Terms and Conditions. You need to
obtain Google's permission first, which you can do by contacting abjc0r@r.postjobfree.com, if
you want to sell Google Maps for mobile or any information, services, or software associated with
or derived from it, or if you want to modify, copy, license, or create derivative works from Google
Maps for mobile.
Unless you have our prior written consent, you agree not to modify, adapt, translate, prepare
derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive
source code from Google Maps for mobile.
Furthermore, you may not use Google Maps for mobile in any manner that could damage,
disable, overburden, or impair Google's services (e.g., you may not use the Google Maps for
mobile in an automated manner), nor may you use Google Maps for mobile in any manner that
could interfere with any other party's use and enjoyment of Google's services.
If you have comments on Google Maps for mobile or ideas on how to improve it, please email
abjc0r@r.postjobfree.com. Please note that by doing so, you also grant Google and third
parties permission to use and incorporate your ideas or comments into Google Maps for mobile
(or third party software) without further notice or compensation.
Intellectual Property
As between you and Google, you agree and acknowledge that Google owns all rights, title and
interest in and to Google Maps for mobile, including without limitation all associated Intellectual
Property Rights. "Intellectual Property Rights" means any and all rights existing from time to time
under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any
and all other proprietary rights, and any and all applications, renewals, extensions and
restorations thereof, now or hereafter in force and effect worldwide. You agree to not remove,
obscure, or alter Google's or any third party's copyright notice, trademarks, or other proprietary
rights notices affixed to or contained within or accessed in conjunction with or through the
Google Maps for mobile.
Disclaimer of Warranties
Google and any third party who makes its software available in conjunction with or through
Google Maps for mobile disclaim any responsibility for any harm resulting from your use of
Google Maps for mobile and/or any third party software accessed in conjunction with or through
Google Maps for mobile.
GOOGLE MAPS FOR MOBILE IS PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. GOOGLE
AND SUCH THIRD PARTIES 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 ANY SUCH THIRD PARTIES DISCLAIM ANY
WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF
GOOGLE MAPS FOR MOBILE AND SUCH THIRD PARTY SOFTWARE.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE GOOGLE MAPS FOR MOBILE
AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGES TO YOUR COMPUTER OR MOBILE DEVICE SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OR USE OF GOOGLE MAPS FOR MOBILE. 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.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL GOOGLE OR ANY THIRD PARTY WHO MAKE THEIR SOFTWARE
AVAILABLE IN CONJUNCTION WITH OR THROUGH THE GOOGLE MAPS FOR MOBILE BE LIABLE TO
ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF GOOGLE MAPS FOR MOBILE. 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 AND/OR A THIRD PARTY SOFTWARE PROVIDER 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 GOOGLE MAPS FOR MOBILE OR ON
PRODUCTS OR SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH GOOGLE MAPS
FOR MOBILE, FROM INABILITY TO USE GOOGLE MAPS FOR MOBILE OR PRODUCTS OR SERVICES
MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE GOOGLE MAPS FOR MOBILE, OR
FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF GOOGLE MAPS FOR MOBILE OR
PRODUCTS OR SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH GOOGLE MAPS
FOR MOBILE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION
SHALL APPLY NOTWITHSTANDING A 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.
Miscellaneous Provisions
These Terms and Conditions will be governed by and construed in accordance with the laws of
the State of California, without giving effect to the conflict of laws provisions of California or your
actual state or country of residence. If for any reason a court of competent jurisdiction finds any
provision or portion of these Terms and Conditions to be unenforceable, the remainder of these
Terms and Conditions will continue in full force and effect.
These Terms and Conditions constitute the entire agreement between you and Google with
respect to the subject matter hereof and supersede and replace all prior or contemporaneous
understandings or agreements, written or oral, regarding such subject matter. Any waiver of any
provision of these Terms and Conditions will be effective only if in writing and signed by Google.
September 2007
YouTube Terms of Service
1. Your Acceptance
By using and/or visiting this website (collectively, including all content and functionality available
through the YouTube.com domain name, the "YouTube Website", or "Website"), you
signify your agreement to (1) these terms and conditions (the "Terms of Service"),
(2)YouTube's privacy notice, found at http://www.youtube.com/t/privacy and incorporated
here by reference, and (3) YouTube's Community Guidelines, found at
http://www.youtube.com/t/community_guidelines and also incorporated here by
reference. If you do not agree to any of these terms, the YouTube privacy notice, or the
Community Guidelines, please do not use the YouTube Website.
Although we may attempt to notify you when major changes are made to these Terms of Service,
you should periodically review the most up-to-date version
http://www.youtube.com/t/terms). YouTube may, in its sole discretion, modify or revise
these Terms of Service and policies at any time, and you agree to be bound by such
modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-
party rights or benefits.
2. YouTube Website
These Terms of Service apply to all users of the YouTube Website, including users who are also
contributors of video content, information, and other materials or services on the Website.
The YouTube Website includes all aspects of YouTube, including but not limited to all
products, software and services offered via the website such as the YouTube channels,
the YouTube "Embeddable Player," the YouTube "Uploader" and other applications.
The YouTube Website may contain links to third party websites that are not owned or controlled
by YouTube. YouTube has no control over, and assumes no responsibility for, the content,
privacy policies, or practices of any third party websites. In addition, YouTube will not and
cannot censor or edit the content of any third-party site. By using the Website, you
expressly relieve YouTube from any and all liability arising from your use of any third-
party website.
Accordingly, we encourage you to be aware when you leave the YouTube Website and to read
the terms and conditions and privacy policy of each other website that you visit.
3. YouTube Accounts
In order to access some features of the Website, you will have to create a YouTube account. You
may never use another's account without permission. When creating your account, you
must provide accurate and complete information. You are solely responsible for the
activity that occurs on your account, and you must keep your account password secure.
You must notify YouTube immediately of any breach of security or unauthorized use of
your account.
Although YouTube will not be liable for your losses caused by any unauthorized use of your
account, you may be liable for the losses of YouTube or others due to such unauthorized
use.
4. General Use of the Website Permissions and Restrictions
YouTube hereby grants you permission to access and use the Website as set forth in these Terms
of Service, provided that:
You agree not to distribute in any medium any part of the Website, including but not limited to
User Submissions (defined below), without YouTube's prior written authorization.
You agree not to alter or modify any part of the Website, including but not limited to YouTube's
Embeddable Player or any of its related technologies.
You agree not to access User Submissions (defined below) or YouTube Content through any
technology or means other than the video playback pages of the Website itself, the
YouTube Embeddable Player, or other explicitly authorized means YouTube may
designate.
You agree not to use the Website, including the YouTube Embeddable Player for any commercial
use, without the prior written authorization of YouTube. Prohibited commercial uses
include any of the following actions taken without YouTube's express approval:
sale of access to the Website or its related services (such as the Embeddable Player) on
another website;
use of the Website or its related services (such as the Embeddable Player), for the
primary purpose of gaining advertising or subscription revenue;
the sale of advertising, on the YouTube website or any third-party website, targeted to the
content of specific User Submissions or YouTube content;
and any use of the Website or its related services (such as the Embeddable player) that
YouTube finds, in its sole discretion, to use YouTube's resources or User Submissions with
the effect of competing with or displacing the market for YouTube, YouTube content, or its
User Submissions. (For more information about prohibited commercial uses, see our FAQ.)
Prohibited commercial uses do not include:
uploading an original video to YouTube, or maintaining an original channel on YouTube, to
promote your business or artistic enterprise;
using the Embeddable Player to show YouTube videos on an ad-enabled blog or website,
provided the primary purpose of using the Embeddable Player is not to gain advertising
revenue or compete with YouTube;
any use that YouTube expressly authorizes in writing.
(For more information about what constitutes a prohibited commercial use, see our FAQ.)
If you use the YouTube Embeddable Player on your website, you must include a prominent link
back to the YouTube website on the pages containing the Embeddable Player and you
may not modify, build upon, or block any portion of the Embeddable Player in any way.
If you use the YouTube Uploader, you agree that it may automatically download and install
updates from time to time from YouTube. These updates are designed to improve,
enhance and further develop the Uploader and may take the form of bug fixes, enhanced
functions, new software modules and completely new versions. You agree to receive such
updates (and permit YouTube to deliver these to you) as part of your use of the Uploader.
You agree not to use or launch any automated system, including without limitation, "robots,"
"spiders," or "offline readers," that accesses the Website in a manner that sends more
request messages to the YouTube servers in a given period of time than a human can
reasonably produce in the same period by using a conventional on-line web browser.
Notwithstanding the foregoing, YouTube grants the operators of public search engines
permission to use spiders to copy materials from the site for the sole purpose of and
solely to the extent necessary for creating publicly available searchable indices of the
materials, but not caches or archives of such materials. YouTube reserves the right to
revoke these exceptions either generally or in specific cases. You agree not to collect or
harvest any personally identifiable information, including account names, from the
Website, nor to use the communication systems provided by the Website (e.g. comments,
email) for any commercial solicitation purposes. You agree not to solicit, for commercial
purposes, any users of the Website with respect to their User Submissions.
In your use of the website, you will otherwise comply with the terms and conditions of these
Terms of Service, YouTube Community Guidelines, and all applicable local, national, and
international laws and regulations.
YouTube reserves the right to discontinue any aspect of the YouTube Website at any time.
5. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply
specifically to your use of content on the YouTube Website.
The content on the YouTube Website, except all User Submissions (as defined below), including
without limitation, the text, software, scripts, graphics, photos, sounds, music, videos,
interactive features and the like ("Content") and the trademarks, service marks and logos
contained therein ("Marks"), are owned by or licensed to YouTube, subject to copyright
and other intellectual property rights under the law. Content on the Website is provided to
you AS IS for your information and personal use only and may not be downloaded, copied,
reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise
exploited for any other purposes whatsoever without the prior written consent of the
respective owners. YouTube reserves all rights not expressly granted in and to the
Website and the Content.
You may access User Submissions for your information and personal use solely as intended
through the provided functionality of the YouTube Website. You shall not copy or
download any User Submission unless you see a “download” or similar link displayed by
YouTube on the YouTube Website for that User Submission.
User Comments are made available to you for your information and personal use solely as
intended through the normal functionality of the YouTube Website. User Comments are
made available "as is", and may not be used, copied, reproduced, distributed,
transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in
any manner not intended by the normal functionality of the YouTube Website or otherwise
as prohibited under this Agreement.
You may access YouTube Content, User Submissions and other content only as permitted under
this Agreement. YouTube reserves all rights not expressly granted in and to the YouTube
Content and the YouTube Website.
You agree to not engage in the use, copying, or distribution of any of the Content other than
expressly permitted herein, including any use, copying, or distribution of User
Submissions of third parties obtained through the Website for any commercial purposes.
You agree not to circumvent, disable or otherwise interfere with security-related features of the
YouTube Website or features that prevent or restrict use or copying of any Content or
enforce limitations on use of the YouTube Website or the Content therein.
You understand that when using the YouTube Website, you will be exposed to User Submissions
from a variety of sources, and that YouTube is not responsible for the accuracy,
usefulness, safety, or intellectual property rights of or relating to such User Submissions.
You further understand and acknowledge that you may be exposed to User Submissions
that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and
hereby do waive, any legal or equitable rights or remedies you have or may have against
YouTube with respect thereto, and agree to indemnify and hold YouTube, its
Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by
law regarding all matters related to your use of the site.
6. Your User Submissions and Conduct
As a YouTube account holder you may submit video content ("User Videos") and textual content
("User Comments"). User Videos and User Comments are collectively referred to as "User
Submissions." You understand that whether or not such User Submissions are published,
YouTube does not guarantee any confidentiality with respect to any User Submissions.
You shall be solely responsible for your own User Submissions and the consequences of posting
or publishing them. In connection with User Submissions, you affirm, represent, and/or
warrant that: you own or have the necessary licenses, rights, consents, and permissions
to use and authorize YouTube to use all patent, trademark, trade secret, copyright or
other proprietary rights in and to any and all User Submissions to enable inclusion and
use of the User Submissions in the manner contemplated by the Website and these Terms
of Service.
For clarity, you retain all of your ownership rights in your User Submissions. However, by
submitting User Submissions to YouTube, you hereby grant YouTube a worldwide, non-
exclusive, royalty-free, sublicenseable and transferable license to use, reproduce,
distribute, prepare derivative works of, display, and perform the User Submissions in
connection with the YouTube Website and YouTube's (and its successors' and affiliates')
business, including without limitation for promoting and redistributing part or all of the
YouTube Website (and derivative works thereof) in any media formats and through any
media channels. You also hereby grant each user of the YouTube Website a non-exclusive
license to access your User Submissions through the Website, and to use, reproduce,
distribute, display and perform such User Submissions as permitted through the
functionality of the Website and under these Terms of Service. The above licenses
granted by you in User Videos terminate within a commercially reasonable time after you
remove or delete your User Videos from the YouTube Website. You understand and agree,
however, that YouTube may retain, but not display, distribute, or perform, server copies
of User Submissions that have been removed or deleted. The above licenses granted by
you in User Comments are perpetual and irrevocable.
In connection with User Submissions, you further agree that you will not submit material that is
copyrighted, protected by trade secret or otherwise subject to third party proprietary
rights, including privacy and publicity rights, unless you are the owner of such rights or
have permission from their rightful owner to post the material and to grant YouTube all of
the license rights granted herein.
You further agree that you will not, in connection with User Submissions, submit material that is
contrary to the YouTube Community Guidelines, found at
http://www.youtube.com/t/community_guidelines, which may be updated from time to
time, or contrary to applicable local, national, and international laws and regulations.
YouTube does not endorse any User Submission or any opinion, recommendation, or advice
expressed therein, and YouTube expressly disclaims any and all liability in connection
with User Submissions. YouTube does not permit copyright infringing activities and
infringement of intellectual property rights on its Website, and YouTube will remove all
Content and User Submissions if properly notified that such Content or User Submission
infringes on another's intellectual property rights. YouTube reserves the right to remove
Content and User Submissions without prior notice.
7. Account Termination Policy
YouTube will terminate a User's access to its Website if, under appropriate circumstances, they
are determined to be a repeat infringer.
YouTube reserves the right to decide whether Content or a User Submission is appropriate and
complies with these Terms of Service for violations other than copyright infringement,
such as, but not limited to, pornography, obscene or defamatory material, or excessive
length. YouTube may remove such User Submissions and/or terminate a User's access for
uploading such material in violation of these Terms of Service at any time, without prior
notice and at its sole discretion.
8. Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any User Submission or other
content infringes upon your copyrights, you may submit a notification pursuant to the
Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the
following information in writing (see 17 U.S.C 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works at a single online site are covered by a single notification, a
representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be disabled and
information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an
address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of
perjury, that you are authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed.
YouTube's designated Copyright Agent to receive notifications of claimed infringement is:
Heather Gillette, 901 Cherry Ave., San Bruno, CA 94066, email: abjc0r@r.postjobfree.com,
fax: 650-***-****. For clarity, only DMCA notices should go to the Copyright Agent; any
other feedback, comments, requests for technical support, and other communications
should be directed to YouTube customer service through
http://www.google.com/support/youtube. You acknowledge that if you fail to comply with
all of the requirements of this Section 5(D), your DMCA notice may not be valid.
Counter-Notice. If you believe that your User Submission that was removed (or to which access
was disabled) is not infringing, or that you have the authorization from the copyright
owner, the copyright owner's agent, or pursuant to the law, to post and use the content in
your User Submission, you may send a counter-notice containing the following
information to the Copyright Agent:
Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled
and the location at which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled
as a result of mistake or a misidentification of the content; and
Your name, address, telephone number, and e-mail address, a statement that you
consent to the jurisdiction of the federal court in San Francisco, California, and a
statement that you will accept service of process from the person who provided
notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, YouTube may send a copy of the counter-
notice to the original complaining party informing that person that it may replace the
removed content or cease disabling it in 10 business days. Unless the copyright owner
files an action seeking a court order against the content provider, member or user, the
removed content may be replaced, or access to it restored, in 10 to 14 business days or
more after receipt of the counter-notice, at YouTube's sole discretion.
9. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE YOUTUBE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, YOUTUBE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND
AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE
AND YOUR USE THEREOF. YOUTUBE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED
TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES,
OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY
THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR
DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE YOUTUBE WEBSITE. YOUTUBE DOES
NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE YOUTUBE WEBSITE OR ANY
HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND YOUTUBE
WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION
BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU
SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
10. Limitation of Liability
IN NO EVENT SHALL YOUTUBE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE
TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE
LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY,
AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE YOUTUBE WEBSITE, WHETHER BASED
ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE
COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF
LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE
JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT YOUTUBE SHALL NOT BE LIABLE FOR USER
SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY
AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by YouTube from its facilities in the United States of
America. YouTube makes no representations that the YouTube Website is appropriate or
available for use in other locations. Those who access or use the YouTube Website from other
jurisdictions do so at their own volition and are responsible for compliance with local law.
11. Indemnity
You agree to defend, indemnify and hold harmless YouTube, its parent corporation, officers,
directors, employees and agents, from and against any and all claims, damages, obligations,
losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising
from: (i) your use of and access to the YouTube Website; (ii) your violation of any term of these
Terms of Service; (iii) your violation of any third party right, including without limitation any
copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused
damage to a third party. This defense and indemnification obligation will survive these Terms of
Service and your use of the YouTube Website.
12. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess
legal parental or guardian consent, and are fully able and competent to enter into the terms,
conditions, obligations, affirmations, representations, and warranties set forth in these Terms of
Service, and to abide by and comply with these Terms of Service. In any case, you affirm that
you are over the age of 13, as the YouTube Website is not intended for children under 13. If you
are under 13 years of age, then please do not use the YouTube Website. There are lots of other
great web sites for you. Talk to your parents about what sites are appropriate for you.
13. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred
or assigned by you, but may be assigned by YouTube without restriction.
14. General
You agree that: (i) the YouTube Website shall be deemed solely based in California; and (ii) the
YouTube Website shall be deemed a passive website that does not give rise to personal
jurisdiction over YouTube, either specific or general, in jurisdictions other than California. These
Terms of Service shall be governed by the internal substantive laws of the State of California,
without respect to its conflict of laws principles. Any claim or dispute between you and YouTube
that arises in whole or in part from your use of the YouTube Website shall be decided exclusively
by a court of competent jurisdiction located in Santa Clara County, California. These Terms of
Service, together with the Privacy Notice at http://www.youtube.com/t/privacy and any other
legal notices published by YouTube on the Website, shall constitute the entire agreement
between you and YouTube concerning the YouTube Website. If any provision of these Terms of
Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision
shall not affect the validity of the remaining provisions of these Terms of Service, which shall
remain in full force and effect. No waiver of any term of this these Terms of Service shall be
deemed a further or continuing waiver of such term or any other term, and YouTube's failure to
assert any right or provision under these Terms of Service shall not constitute a waiver of such
right or provision. YouTube reserves the right to amend these Terms of Service at any time and
without notice, and it is your responsibility to review these Terms of Service for any changes.
Your use of the YouTube Website following any amendment of these Terms of Service will signify
your assent to and acceptance of its revised terms. YOU AND YOUTUBE AGREE THAT ANY CAUSE
OF ACTION ARISING OUT OF OR RELATED TO THE YOUTUBE WEBSITE MUST COMMENCE WITHIN
ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS
PERMANENTLY BARRED.
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