Welcome to Google Search for mobile websites, which includes Google's search for mobile, SafeSearch, and site search services (collectively, "Google Search"). Google Search is provided to You by Google Ireland Limited, a company incorporated under the laws of Ireland with company number 368047 and whose principal place of business is at Gordon House, Barrow Street, Dublin, 4 ("Google"). By using Google Search, you ("You") accept and agree to be bound by the following terms and conditions (the "Terms of Service").
(a) Google Search allows You to provide Internet search services to End-Users of Your Site (both defined below) by utilizing Google's search engine to crawl and index both web and mobile web pages. For the purposes of these Terms of Service, Your "Site" means the mobile web site(s) on which You place JavaScript or similar programming code ("Code") which renders visible on such site(s) the Google logo ("Logo") and the Google search box ("Search Box") (or such other means used by users of the Site ("End Users") to enter a search query ("Query")); it excludes Client Applications (defined below). Google will receive Queries from You at Google's network interface, process the Queries and return a Results Page to Your End-User. For the purposes of these Terms of Service, "Results Page" means the Google hosted or controlled web page that contains and displays to an End User the results from Google Search ("Results"). Google shall have sole and complete discretion and control over the content and format of Results Pages.
(b) If You elect to receive Google Search along with site search, all of the services described above will be provided to You plus the ability to allow End Users to search the Site and/or other domain(s) specified by You to Google in advance.
(c) If You elect to receive Google Search along with Google's SafeSearch service, Google will try and exclude Results leading to or containing adult-themed and explicit sexual content, but You acknowledge and agree that Google may not be able to remove all adult themed and/or explicit sexual content from the Results and that the existence of adult themed and/or explicit sexual content in the Results is not a breach of these Terms of Service.
(d) If You wish to access Google Search through any means other than the Site, including, without limitation, through an application such as a toolbar, plug-in, helper, component or other executable code that runs on an End User's device (examples include applications that provide instant messaging, chat, email, data, file viewing, media playing, file sharing, games, internet navigation, search and other services) (a "Client Application"), You must first obtain Google's prior written consent.
You agree that Google will be the exclusive provider of internet search services on the portion of Your Site to which Google Search is provided. You further understand and accept that Google provides Google Search to You on a non-exclusive basis. Google will and may continue to customize and provide Google Search and other services to other parties for use in connection with a variety of applications.
1.3 Your Obligations.
(a) You shall implement the Code and send Queries to Google in accordance with the instructions provided to You by Google from time to time. Google will assign to You a unique identifying alphanumeric code (Your "Client Name"). All Queries sent to Google by or on Your behalf must contain Your Client Name and must originate from the Site.
(b) You shall be responsible for providing all hardware and software required to perform Your obligations under these Terms of Service, including but not limited to the following: (i) implementing and maintaining the Site, (ii) implementing and maintaining the interface between the Site and Google Search, and (iii) receiving a Query from an End User and transmitting that Query to Google for processing.
(c) You shall not, and shall not allow any third party to:
(i) edit, modify, truncate, filter or change the order of the information contained in any Results (either individually or collectively), including, without limitation, by way of co-mingling Results with non-Google provided search results or advertising;
(ii) frame any Results or Results Page;
(iii) display any Results in pop-up, pop-under, exit windows, expanding buttons, or animation;
(iv) display any Results to any third parties other than End Users;
(v) minimize, remove or otherwise inhibit the full and complete display of any Results Page (including any Results);
(vi) directly or indirectly access, launch and/or activate Google Search through or from, or otherwise incorporate Google Search in, any Client Application, web site or other service other than Your Site, and then only to the extent expressly permitted herein;
(vii) transfer, sell, lease, syndicate, sub-syndicate, lend, or use for co-branding, timesharing, service bureau or other unauthorized purposes Google Search or access thereto (including, but not limited to Results, or any part, copy or derivative thereof);
(viii) enter into any arrangement or agreement under which any third party pays You fees, You pay any third party fees, or either shares in any revenue payments and/or royalties for any Results;
(ix) directly or indirectly generate Queries, or impressions of or clicks on Results, through any automated, deceptive, fraudulent or other invalid means (including, without limitation, click spam, robots, macro programs, and Internet agents);
(x) save as permitted by law, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from Google Search or any other Google service, technology, content, data, routines, algorithms, methods, ideas design, user interface techniques, software, materials, and documentation;
(xi) remove, deface, obscure, or alter Google's copyright notice, trademarks or other proprietary rights notices affixed to or provided as a part of Google Search or any other Google service or technology, software, materials and documentation;
(xii) "crawl", "spider", index or in any non-transitory manner store or cache information obtained from Google Search (including, without limitation, Results, or any part, copy or derivative thereof);
(xiii) create or attempt to create a substitute or similar service or product through use of or access to Google Search or proprietary information related thereto; and/or
(xiv) engage in any action or practice that reflects poorly on Google or otherwise disparages or devalues Google's reputation or goodwill.
Furthermore, those parts of Your Site from which Internet or site search is offered to End Users and/or Results are displayed shall not contain any pornographic material, products or services and Your Site shall not contain hate-related or violent content or contain any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights.
1.4 Advertising.
Google shall have the exclusive right to serve advertisements on any web pages that contain Results.
2. Proprietary Rights
2.1 Google's Rights.
For purposes of these Terms of Service, "Intellectual Property Rights" means any and all copyright, moral rights, patent rights, trade or service marks (including rights in passing off or unfair competition), design rights, semiconductor topography rights, rights in or relating to databases, rights in or relating to confidential information, rights in relation to domain names, privacy or publicity rights and any other intellectual property rights (registered or unregistered) throughout the world, including all rights of reversion and rights to any applications and pending registrations and the right to sue for and recover damages for past infringements. As between You and Google, You acknowledge that Google owns all right, title and interest, including without limitation all Intellectual Property Rights, in and to Google Search (including Google's search engine technology and Google Brand Features, and excluding items licensed by Google from third parties), and that You shall not acquire any right, title, or interest in or to the same, except as expressly set out in these Terms of Service.
2.2 Brand Feature Licence.
For purposes of these Terms of Service, "Brand Features" means the trade names, trade marks, service marks, logos, domain names, and other distinctive brand features of each party, respectively, as owned by such party from time to time. Subject to these Terms of Service and any Google Brand Feature guidelines, as supplied by Google to You from time to time, Google hereby grants to You a non-transferable, non-sublicenseable, non-exclusive licence during the Term to display the Logo for the purposes of receiving Google Search and fulfilling Your obligations under clause 1.3 above. This agreement does not grant You permission to use Google's Brand Features for the purpose of promoting or advertising that You use Google Search. Should You want to promote the addition of this feature to Your Site please submit a request via http://services.google.com/permissions/application. Any use of Google's Brand Features must comply with the Google Search for mobile websites Brand Features Guidelines, currently available at http://www.google.com/intl/en/mobile/partners/signup/guidelines.html, and the Google Brand Features Guidelines, currently available at http://www.google.co.uk/permissions/guidelines.html, both of which are incorporated herein. Google may modify Google Brand Features or any of its Brand Features guidelines from time to time and Google will post such notice on the Google web site. You agree that Your respective products and/or services that are associated with Google's Brand Features shall meet the same general level of quality as is provided by Google in connection with Google's own products and/or services that are associated with the same Brand Features. Except as set forth in this Clause 2.2, nothing in these Terms of Service shall confer on any party any right, title or interest in or to the other party's Brand Features. All use by You of Google's Brand Features (including any goodwill associated therewith) shall inure to the benefit of Google. At no time during or after the Term shall You challenge or assist others to challenge the Brand Features of Google (except to the extent such restriction is prohibited by law) or the registration thereof by Google, nor shall You attempt to register or use any Brand Features (including domain names) that are confusingly similar in any way (including but not limited to, sound, appearance and spelling) to those of Google.
2.3 Copyright.
It is Google's policy to respond to notices of alleged copyright infringement that comply with applicable intellectual property law and to terminate accounts of services provided to repeat infringers. Details of Google's policy can be found at http://www.google.com/dcma.html. You agree that any act taken or omitted by Google in good faith in accordance with this policy shall not constitute a breach of these Terms of Service.
3. Privacy Policy.
Google's collection and use of personal information is governed by Google's Privacy Policy, available at http://www.google.co.uk/privacy.html. You understand and agree that Google may access, preserve, and disclose Your personal information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to comply with legal process or protect the rights, property and/or safety of Google, its affiliates or the public. Personal information collected by Google may be stored and processed in the United Kingdom or any other country in which Google or its agents maintain facilities (including the United States and other countries outside of the Europe). By using Google Search, you consent to any such transfer of information outside of your country.
4. Warranties and Disclaimer.
4.1 Google Disclaimer of Warranties.
Google Search is provided to You "as is" and "as available". Google does not warrant that Google Search (or any part of it) will meet all of Your requirements or that its delivery to You will be uninterrupted, virus-free, secure or error-free. Google does not warrant that the Results will contain all pages within a domain. Google is not responsible for receiving Queries from End Users or for transmission of data between You and Google's network interface. No conditions, warranties or other terms apply to the provision of Google Search to You except to the extent that they are expressly set out in these Terms of Service. No implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).
4.2 Your Warranties.
In addition to the warranties set out elsewhere in these Terms of Service, You warrant that:
(a) all information provided by You to Google in connection with Google Search is true and accurate;
(b) You have read and agree to these Terms of Service and all applicable Brand Feature Guidelines;
(c) You have full power and authority to enter into the Terms of Service;
(d) Your Brand Features, Content (defined as all editorial, text, graphic, audiovisual, and other content that is served to End Users of the Site and that is not provided by Google), and Site do not
(i) infringe any Intellectual Property Rights of any third party,
(ii) constitute defamation, libel or obscenity,
(iii) result in any consumer fraud, product liability, breach of contract to which You are a party or cause injury to any third party,
(iv) violate any applicable law, statute, ordinance, or regulations, or
(v) contain or promote illegal activities, gambling, or the sale or supply of adult content, tobacco or alcohol to persons under legal age;
(e) You will seek all necessary governmental approvals required to effectuate these Terms of Service; and
(f) You shall perform all of Your obligations under the Terms of Service in accordance with applicable laws and with reasonable skill and care.
5. Indemnification.
(a) You shall defend and indemnify Google against any third party claim or court proceedings based upon or otherwise arising out of: (i) Your Site (and/or the content thereon) or Brand Features infringes any third party Intellectual Property Right; and/or (ii) Your use of Google Search or the Google Brand Features in breach of these Terms of Service (a "Claim").
(b) Your indemnification shall include: (i) all reasonable legal fees and costs incurred in defence of, (ii) all damages and costs finally awarded in respect of, and (iii) the full cost of any settlement of a Claim. Google shall: (i) notify You of, (ii) provide You with reasonable information, assistance and cooperation in defending (to the extent requested by You), and (iii) give You full control and sole authority over the defence and settlement of any Claim, save that You will not enter into any settlement or compromise of a Claim without Google's prior consent, which shall not be unreasonably withheld.
6. Limitation of Liability.
(a) Nothing in these Terms of Service shall exclude or limit either party's liability for (i) death or personal injury; (ii) fraud or fraudulent misrepresentation; (iii) breach of any implied condition as to title or quiet enjoyment; or (iv) misuse of confidential information.
(b) Nothing in these Terms of Service shall limit Your liability for breach of clause 1.2 (exclusivity), clause 5 (indemnification) or clause 2 (proprietary rights).
(c) Subject to clauses 6(a) and 6(b) above, neither party shall be liable, whether in contract or tort (including, without limitation, negligence) or any other theory of liability, for: (i) any economic losses (including, without limitation, loss of revenues, profits, contracts, data, business, anticipated savings or the cost of substitute services); (ii) any loss of goodwill or reputation; or (iii) any special, indirect or consequential losses; in any case whether or not such losses were within the contemplation of the parties at the date of these Terms of Service, suffered or incurred by that party arising out of or in connection with these Terms of Service and the supply of Google Search hereunder.
(d) You acknowledge that Google Search is provided to You for free and these limitations reflect a reasonable allocation of risk in the context of such a free service.
7. Term and Termination.
7.1 Term.
The term of these Terms of Service (the "Term") shall commence on the date upon which You add Code to Your Site and shall continue in force thereafter, unless terminated as provided herein.
7.2 Termination.
Google may change, suspend or discontinue all or any aspect of Google Search, including its availability, at any time, and may terminate Your use of Google Search at any time. In addition, either party may terminate these Terms of Service for convenience at any time. If You wish to terminate these Terms of Service, You must remove the Logo, Code and Search Box from Your Site, and immediately stop use of any Google Brand Features.
7.3 Effect of Termination.
Upon the termination of these Terms of Service for any reason (a) all licensed rights granted herein shall terminate and (ii) You shall promptly delete any and all Google Brand Features, Code and Search Boxes from Your Site.
7.4 Survival.
If these Terms of Service terminate for any reason, clauses 2.1, 4, 5, 6, 7.4, 7.5, 7.6, and 8 shall survive termination. Neither party shall be liable to the other for damages of any sort resulting solely from terminating these Terms of Service in accordance with their terms.
7.5 Remedies.
You acknowledge that Your breach of these Terms of Service may cause irreparable harm to Google, the extent of which would be difficult to ascertain. Accordingly, You agree that, in addition to any other remedies to which Google may be legally entitled, Google shall have the right to seek immediate injunctive relief in the event of a breach by You or any of Your officers, employees, consultants or other agents.
8. Miscellaneous.
(a) Any notice to Google required for or permitted by these Terms of Service shall be in writing and shall be delivered as follows with notice deemed given as indicated: (i) by personal delivery when delivered personally, (ii) by overnight courier upon written verification of receipt, or (iii) by certified or registered mail, return receipt requested, upon verification of receipt. All notices to Google must be sent to the attention of the Google Legal Department, Belgrave House, 76 Buckingham Palace Road, London SW1W 9TQ, UK.
(b) You may not assign Your rights or delegate your obligations under these Terms of Service without Google's prior written consent. Google may sub-contract or transfer any of its obligations or rights under these Terms of Service in whole or in part at its sole discretion. You acknowledge that other members of the Google group of companies may provide particular aspects of Google Search to You.
(c) These Terms of Service will be governed by and construed in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English courts in respect of any dispute or matter arising out of or connected wit these Terms of Service. If these Terms of Service are translated into any language other than English and if there is a discrepancy between the English text and the text of such other language, the English text will govern.
(d) The parties are independent contractors. Neither party shall be deemed to be an employee, agent, partner or legal representative of the other for any purpose and neither shall have any right, power or authority to create any obligation or responsibility on behalf of the other.
(e) Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, earthquakes, acts of God, war, governmental action, or any other cause, which is beyond the reasonable control of such party.
(f) You shall be responsible for compliance with all applicable laws, rules and regulations, if any, related to the performance of Your obligations under these Terms of Service.
(g) The failure of Google to require performance by You of any provision shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Google of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
(h) If any provision of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Service shall remain in full force and effect.
(i) These Terms of Service constitute the entire agreement between You and Google with respect to the subject matter hereof. These Terms of Service supersede any other prior or collateral agreements with respect to that subject matter.
(j) Nothing in these Terms of Service should be construed as conferring any rights on third party beneficiaries and the UK Contracts (Rights of Third Parties) Act 1999 is hereby expressly excluded.
(k) Google may modify these Terms of Service and Google Search at any time with or without notice to You. You can review the current version of the Terms of Service online at any time at http://www.google.com/intl/en/mobile/partners/signup/terms.html. If a modification to these Terms of Service or Google Search is unacceptable to You, You may terminate these Terms of Service by ceasing to use Google Search and terminating these Terms of Service in accordance with clause 7.2 above. If You continue to use Google Search, however, You will be deemed to have accepted the modifications that have been made to the Terms of Service by Google prior to that use.