Additional Terms of Service for Orkut

Welcome to Orkut!

By using Orkut and any data or information accessed from Orkut, you agree to be bound by the (i) Google Terms of Service (including without limitation all disclaimers, exclusion of warranties and limitations of liability contained therein), (ii) the Orkut Privacy Policy that is incorporated here by reference, (iii) Orkut's Community Guidelines also incorporated here by reference and (iv) these additional terms and conditions set forth below. These terms, taken together, are referred to as "the Agreement" below.

Your use of Orkut

You must be at least thirteen (13) years of age to use Orkut. If you are between the age of 13 and 18 years, then you affirm that you 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 the Agreement as also that may be granted by you during the course of your use of Orkut, and to abide by and comply with the terms of the Agreement. In any case, you affirm that you are over the age of 13, as Orkut is not intended for children under 13. If you are under 13 years of age, then please do not use Orkut. Google reserves the right to refuse service to anyone at any time without notice for any reason.

Your use of Orkut features

Users, whether offering for sale or wishing to purchase any goods or service, through contests, through the Promote feature or otherwise, or when distributing or accepting Orkut features (such as themes or badges), agree and accept that Google is not involved in the actual transaction or distribution and has no control over any aspect of the goods and services so offered or distributed ("Items"). You agree not to hold Google liable for other users' content, actions or inactions, or the Items that they offer or distribute, or for any monetary or financial loss resulting from incomplete transactions or distributions, or for any dispute resulting from such transaction. Google is not liable for and expressly disclaims all liability for any claim related to the offer, sale, distribution, performance, quality, safety, or illegality of Items offered; or arising from the ability of sellers to sell items, the ability of buyers to pay for Items or whether a seller will actually complete a transaction or a buyer will return an Item, or any warranties or representations made by third parties in connection with Items. You agree that when using Orkut, you will not offer any Items for sale or for distribution to which you do not have complete ownership rights or adequate permissions entitling you to offer such Items for sale or for distribution which is otherwise in violation of any law, or of any known agreement between third parties.

The licenses granted by you to Google, under Clause 11 of the Google Terms of Service (“Licenses”) to use your content or Items (collectively “Content”) to provide the services terminate within a commercially reasonable time after you remove the Content from Orkut or delete your Orkut account. You understand and agree, however, that residual copies of your Content may remain on backup media. Please delete your communities before deleting your account, or the community will be transferred according to current Orkut standards. You understand and agree that the Licenses granted by you to Google, will remain in effect with respect to any Content, including content embedded in Content offered through Orkut features such as badges or themes, and that after you remove the Content from Orkut or delete your Orkut account (i) such content will still be available for Orkut users who have integrated them to their Orkut profiles, and (ii) Google will make commercially reasonable efforts to prevent Orkut users from installing Items containing your Content if such users have not integrated Items containing your content to their Orkut profiles.

Contests conducted by you or on your behalf on Orkut should follow the Orkut Contest Guidelines.

You understand and agree that if Google, at its exclusive discretion, allows you to insert URLs in any Items or Orkut features, the landing page linked by URLs must abide by Google AdWords Advertising Policies.

You understand and agree that if Google, at its exclusive discretion, allows you to participate in its Orkut Engagement Programs, you will abide by the Orkut Engagement Programs Guidelines.

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Google, its 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 Orkut; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of Orkut.

July 14, 2011