| To submit an application to the directory, you must read and accept the following terms. | |
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Developer Terms of Service for orkut
June 1, 2009 These Developer Terms of Service for orkut (the "Terms") apply to application developers who upload their applications into the orkut application directory. Thank you for your interest in adding an application to orkut! By uploading an application into the orkut application directory, you agree to be bound by the OpenSocial API Terms of Service (including without limitation all indemnification provisions, disclaimers and limitations of liability contained therein), as well as these additional Terms. Representations and Warranties You represent and warrant that you have full power, capacity and authority to accept these Terms; that you own and/or have obtained the necessary legal rights to all content that you provide to users through your application (such as logos or images that you supply for orkut users to share with each other); and that the application shall not contain any content that violates the orkut Community Standards. Your Application You understand and agree that your application must comply with the Application Guidelines. Google reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any application from orkut. You agree that you are solely responsible for (and that Google has no responsibility to you or to any third party for) the application (including whether it displays or behaves properly) and for any related content that you create, transmit or display through the application. You agree to maintain a fully functional application at all times. You may not charge users any fee for the use of your application, unless you have entered into a separate agreement with Google or obtained Google's written permission. You must be honest and accurate in your representations to orkut users about what your application does and how it uses information from orkut users. Your application must not be designed in a way that might mislead a user into believing that the user is interacting directly with Google when interacting with your application. You understand and agree that you will not state or imply that your application is created or endorsed by Google, nor design it in such a way to imply such creation or endorsement. You understand that by adding your application to the orkut directory, your application may be linked to, associated with or run on pages with third-party content that you may find offensive, indecent or objectionable and that, in this respect, you use orkut, the orkut application directory, and orkut's application platform (collectively, "the Services") at your own risk. User Data Collection You acknowledge and agree that you will only collect orkut user information from those users who add your application to their orkut profile page. Of those users, you acknowledge and agree that you will only collect such orkut users' public profile information. By "public profile information", we mean all information that is available to view on a user's profile that does not have a privacy setting that limits access to friends of friends, friends, or yourself. You agree not to collect any orkut user's information that has a privacy setting that limits access to "friends of friends", "friends", or "yourself". You acknowledge and agree that when an orkut user adds your application to his or her profile, you will only collect the following three fields of information regarding that user's friends, and no other information regarding their friends: their friends' public profile names, public profile URLs and public profile photos. If a user adopts an application and then later changes the privacy setting for one of his or her profile fields from "everyone" to "friends" or another limited setting, you agree that your application will no longer obtain that information on future calls. You agree that you will not collect orkut users' navigation history, other than obtaining information identifying the visits by orkut users who have installed your application to other profile and canvas pages that contain the same application. You agree not to reveal that navigation history to third parties including other orkut users. You acknowledge and agree that you will not use your application or the Services to request, collect, solicit or otherwise obtain access to site passwords or other authentication credentials from any orkut users. You further acknowledge and agree that if a user permits you to collect their publicly available photos, you will use such photos for the limited and express purpose for which the application is intended and as clearly communicated by you to the user. You hereby agree not to use such photos for any other purpose that has not been disclosed to the users and in any case you agree not to sell, offer for sale, distribute, circulate, make copies of, display, make derivative works of, or in any other manner use such photos without the express written permission of the user whose photos are being accessed by you. You acknowledge and agree that the user shall at all times retain ownership of all rights including copyright and the right of privacy and publicity in their photos, and by permitting your application to access their photos, the user is only granting you a limited purpose and non-transferable license and permission in the terms as specified above. Google has the right at any time to request that you delete all orkut user data in your possession or control, and you agree that you will promptly comply with any such request. Customer Service You agree to provide Google with an email address to which we can direct inquiries from orkut users regarding the functionality of your application. You acknowledge and agree that you are solely responsible for responding to such inquiries and for providing all necessary support to users related to such inquiries. Google's Proprietary Rights You acknowledge and agree that Google and its licensors own all legal right, title and interest in and to orkut.com. Unless you have agreed otherwise in writing with Google, nothing in these Terms gives you a right to use any of Google's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. If you have been given an explicit right to use any of these brand features in a separate written agreement with Google, then you agree that your use of such features shall be in compliance with that agreement and with Google's brand feature use guidelines as updated from time to time. These guidelines can be viewed online here. Your Proprietary Rights Google claims no ownership over any application or content (e.g., source code, feeds, images, text) provided by you to be used with the Services. You retain copyright and any other rights, including all intellectual property rights, you already hold in the application or content. You agree that you are responsible for protecting and enforcing those rights and that Google has no obligation to do so on your behalf. By adding your application to the orkut directory, you direct and authorize Google and its affiliates to host, link to, and otherwise incorporate your application into the Services, and you grant Google a worldwide, royalty-free, non-exclusive license to incorporate, copy, distribute, create derivative works of, translate, publicly perform, publicly display, test, and otherwise use this application and content provided by you in conjunction with the application. Deprecation If Google in its discretion chooses to cease supporting the current version of the OpenSocial API, to the extent relevant to you as an application developer for orkut, whether through discontinuation of the OpenSocial API or by upgrading the OpenSocial API to a newer version, the current version of the OpenSocial API will be deprecated and become the Deprecated Version of the OpenSocial API. Google will issue an announcement if the current version of the OpenSocial API will be deprecated. For a period of 3 years after an announcement (the "Deprecation Period"), Google will use commercially reasonable efforts to continue to operate the Deprecated Version of the OpenSocial API and to respond to problems with the Deprecated Version of the OpenSocial API deemed by Google in its discretion to be critical. During the Deprecation Period, no new features will be added to the Deprecated Version of the OpenSocial API. Google reserves the right in its discretion to cease providing all or any part of the Deprecated Version of the OpenSocial API immediately without any notice if: a. You have breached any provision of the Terms (or have acted in a manner that clearly shows that You do not intend to, or are unable to comply with the provisions of the Terms); or b. Google is required to do so by law (for example, due to a change to the law governing the provision of the Deprecated Version of the API); or c. the Deprecated Version of the OpenSocial API relies on data or services provided by a third-party partner and the relationship with such partner (i) has expired or been terminated or (ii) requires Google to change the way Google provides the data or services through the Deprecated Version of the OpenSocial API; or d. providing the Deprecated Version of the OpenSocial API could create a substantial economic burden as determined by Google e. providing the Deprecated Version of the OpenSocial API could create a security risk or material technical burden as determined by Google in its reasonable good faith judgment. Google is constantly innovating in order to provide the best possible experience for its users. At any time prior to discontinuing the current version of the OpenSocial API or upgrading to a new version of the OpenSocial API, Google may, in its discretion as part of this continuing innovation, label certain features or functionality of the OpenSocial API as "experimental." This Paragraph of the Terms, titled Deprecation, will not apply to any features or functionality labeled as "experimental." Disclaimer of Warranties and Limitation Of Liability YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." IN PARTICULAR, GOOGLE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GOOGLE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. GOOGLE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL GOOGLE BE LIABLE TO YOU ON ACCOUNT OF YOUR USE OR MISUSE OF THE SERVICES. 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 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE, MISUSE , OR RELIANCE ON THE SERVICES, FROM INABILITY TO USE THE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT GOOGLE'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. Termination of Services You acknowledge and agree that the form and nature of the orkut services -- including the maintenance of an application directory and application platform -- may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that Google may stop providing the Services to you or to orkut users generally at Google's sole discretion, without prior notice to you. Google reserves the right to refuse or discontinue participation in the Services to any developer, and/or to disable orkut users' access to any application, at any time in its sole discretion with or without notice. Changes to the Terms Google may make changes to these Terms from time to time. When these changes are made, any new terms will be made available to you at this URL. You understand and agree that if you use the Services after the date on which these Terms have changed, Google will treat your use as acceptance of the updated terms. Miscellaneous Provisions These Terms will not be assignable or transferable by you without Google's prior written consent. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then the remaining provisions of these Terms will continue in full force and effect. You acknowledge and agree that each member of the group of companies of which Google is the parent shall be third party beneficiaries to these Terms and that such subsidiaries shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on or rights in favor of Google. Other than this, no other person or company shall be third party beneficiaries of the Terms. Any waiver of any provision of these Terms will be effective only if in writing and signed by Google. These Terms shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and Google agree to submit to the exclusive jurisdiction of the courts located within the county of Santa Clara, California to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Google shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. These Terms, together with the various policies and other Google documents referenced herein, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understanding or agreements, written or oral, regarding such subject matter. | |
