Terms of Use
This agreement (the "Agreement") is entered
into by and between you ("you") and Google, Inc., ("Google")
regarding your use of the Google News (the "Service"). By
using the Service, you are entering into this Agreement with Google
and indicating that you agree to be bound by these terms and conditions.
If you do not agree with these terms and conditions as originally stated,
please do not use the Service.
1. Priority. This Agreement, in combination with Google's general
Terms of Service (available at http://www.google.com/terms_of_service.html)
and Google's general Privacy Policy (available at http://www.google.com/privacy.html),
sets forth the terms and conditions under which Google makes the Service
available to you. In the event of an inconsistency between this Agreement
and either Google's general Terms of Use or Privacy Policy, this Agreement
shall control.
2. Rights Associated with the Service. The Service is designed
to help you find news information that resides on sites not owned or
controlled by Google. In particular, the Service provides brief descriptions
of news stories to help you identify the stories of interest to you.
When you select a story that appears to be interesting, you will be
linked to the news site on which that story appears. Google owns and
retains all intellectual property rights to the Service; but Google
does not claim ownership rights to the full news stories, which are
instead held by the sites to which the Service links.
3. Use of the Service. You may only display the content of the
Service for your own personal use (i.e., non-commercial use) and may
not otherwise copy, reproduce, alter, modify, create derivative works,
or publicly display any content. For example, you may not do any of
the following: use the Service to sell a product or service; use the
Service to increase traffic to your Web site for commercial reasons,
such as advertising sales; take the results from the Service and reformat
and display them, or mirror any portion of the results on your Web site;
or use the Services as part of a "meta-search" offering. You also agree
that you will not use any robot, spider, other automated device, or
manual process to monitor or copy any content from the Service. If you
are uncertain whether your intended use of the Service is permissible,
please contact us. In addition, Google shall have the right in its sole
discretion to suspend or terminate the Service or your access to it.
4. No Warranty. The Service is experimental in nature. It has
not been tested in any manner, and Google does not represent that it
is reliable, accurate, complete, or otherwise valid. THE SERVICE IS
PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND AND YOU USE THE SERVICE
AT YOUR OWN RISK. GOOGLE EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR
IMPLIED, REGARDING THE SERVICE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Some states do
not allow the exclusion of warranty, so the above exclusions may not
apply to you.
5. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL GOOGLE
BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL
OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE
SERVICE WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. UNDER NO CIRCUMSTANCES SHALL GOOGLE BE LIABLE TO YOU FOR ANY
AMOUNT FOR SERVICES RENDERED PURSUANT TO THIS AGREEMENT. Some states
do not allow the exclusion or limitation of incidental or consequential
damages, so the above limitation and exclusions may not apply to you.
6. Hold Harmless and Indemnity. You agree to hold harmless and
indemnify Google, and its employees, agents and representatives, from
and against any third party claim arising from or in any way related
to your use of the Service, including any liability or expense arising
from all claims, losses, damages (actual and consequential), suits,
judgments, litigation costs and attorneys' fees, of every kind and nature.
In such a case, Google will provide you with written notice of such
claim, suit or action.
7. Release and Waiver. To the maximum extent permitted by applicable
law, you hereby release, and waive all claims against Google and its
employees and agents from any and all liability for claims, damages
(actual and consequential), costs and expenses (including litigation
costs and attorneys' fees) of every kind and nature, arising out of
or in any way connected with use of the Service. If you are a California
resident, you waive your rights under California Civil Code § 1542,
which states, "A general release does not extend to claims which the
creditor does not know or suspect to exist in his favor at the time
of executing the release, which if known by him must have materially
affected his settlement with the debtor." Residents of other states
and nations similarly waive their rights under applicable and/or analogous
laws, statutes, or regulations.
8. Modifications of Terms. Google shall have the right to modify
the terms of this Agreement at any time, which modification shall be
effective immediately upon posting. Accordingly, we suggest that you
check this page periodically. To make your review more convenient, we
will post a version number or date at the bottom of this page.
9. Miscellaneous. If any provision of this Agreement is held
to be invalid or unenforceable, such provision shall be deemed superseded
by a valid enforceable provision that most closely matches the intent
of the original provision and the remaining provisions shall be enforced.
Google's failure to act with respect to a breach by you or others does
not waive Google's right to act with respect to subsequent or similar
breaches. The failure of Google to exercise or enforce any right or
provision of these terms and conditions shall not constitute a waiver
of such right or provision. The section headings and subheadings contained
in this Agreement are included for convenience only, and shall not limit
or otherwise affect the terms of this Agreement. This agreement shall
be interpreted in accordance with the laws of the State of California
as if made in California by two residents of that state. Any controversy
or claim arising out of or relating to this Agreement shall be settled
by binding arbitration in accordance with the commercial arbitration
rules of the American Arbitration Association. Any such controversy
or claim shall be arbitrated on an individual basis, and shall not be
consolidated in any arbitration with any claim or controversy of any
other party. The decision of the arbitrator shall be final and unappealable.
The arbitration shall be conducted in San Francisco, California and
judgment on the arbitration award may be entered into any court having
jurisdiction thereof. Notwithstanding anything to the contrary, Google
may at any time seek injunctions or other forms of equitable relief
from any court of competent jurisdiction. Notwithstanding any provision
hereof, for all purposes of this Agreement each party shall be and act
as an independent contractor and not as partner, joint venturer, agent,
employee or employer of the other and shall not bind nor attempt to
bind the other to any contract. This Agreement constitutes the entire
agreement between Google and you with respect to the subject matter
hereof.