유투브 수익창출에 대한 이메일을 받았다.
유투브 수익창출은 오래전부터 진행된 서비스지만 크게 관심이 없었는데..
최근 온라인 배너 광고에 대하 공부하면서 진행해봤다.
유투브 수익 설정을 위해서는 먼저 유투브 계정상태 확인에서 [계정에서 수익창출]이란 버튼을 클릭하여 신청해야한다.
http://www.youtube.com/account_monetization?feature=ieqe
먼저 유투브 수익창출를 위한 광고 형식을 선택하게 된다.
유투브 수익창출은 3가지가 있는데, 간단한 광고는 2가지다.
유투브 수익창출 개인 계정 설정이 완료되면 각 영상에서 수익 창출 설정을 할 것인가를 일일이 확인해야한다.
아래는 유투브 수익창출 설정으로 삽입된 오버레이 인비디오 광고다.
그리고 유투브 수익창출 설정으로 삽입된 오버레이 인스트림 광고다. 인스트림 광고는 오버레이와 달리 조회수가 어느정도 나와야만 사용 가능하다.
가이드라인 및 정보
동영상에서 수익을 창출하려면 어떻게 해야 하나요?
동영상을 수익 창출하도록 제출하고 승인을 받으면 동영상의 내부 또는 주변에 광고가 삽입됩니다. 애드센스 계정을 YouTube 계정에 연결시키면 광고에서 발생하는 수익을 얻을 수 있습니다. 자세히 알아보기
동영상으로 창출하는 수익은 어떻게 산정되나요?
수익은 여러 가지 요인에 따라 다릅니다. 동영상에 게재하는 광고의 유형 및 가격이 두 가지 중요한 요소입니다.
어떤 유형의 동영상을 사용할 수 있나요?
동영상으로 수익을 창출하려면 해당 동영상의 모든 내용에 대한 전 세계 배포 권한이 있어야 하며 서비스 약관 및 커뮤니티 가이드를 준수해야 합니다.
즉, 동영상의 모든 콘텐츠를 직접 만들었으며 상업적인 독점 사용권을 아무에게도 판매하지 않았음을 의미합니다. 다른 사람이 만든 콘텐츠가 포함된 동영상을 사용하여 수익을 올리려면 서면 허가를 받아야 합니다.
수익을 창출할 수 있는 동영상의 예:
고양이를 촬영했으며 배경 음악이 없습니다.
동영상에 무료 음악이 들어 있으며 노래 및 해당 라이센스에 대한 직접 링크를 사용하여 상업적 권리를 입증할 수 있습니다.
친구의 밴드가 작곡하고 녹음한 노래가 동영상에 수록되었으며 본인은 이 노래를 사용하여 수익을 올릴 수 있음을 서면으로 명시했습니다.
사용할 수 없는 동영상은 무엇인가요?
직접 만들지 않거나 제작자로부터 사용 허가를 받지 못한 콘텐츠가 동영상에 포함되어 있는 경우 사용할 수 없습니다. 다음 동영상 요소에 대한 서면 허가를 표시할 수 있어야 합니다.
오디오: 녹음된 음악, 라이브 공연, 리메이크 곡, 배경 음악 등
영상: 이미지, 로고, 소프트웨어, 동영상 게임 장면 등
전세계에 대한 상업적 사용권을 보유하지 않은 기타 모든 콘텐츠입니다.
수익을 공유할 수 없는 동영상의 예
동영상에 개인적인 용도로 구입한 노래가 들어 있지만(예: iTunes 또는 스토어에서 구입) 상업적 라이센스를 취득하지 않았습니다.
인터넷에서 동영상을 찾았으나 이 동영상이 공개 도메인에 있음을 입증할 수 없습니다.
좋아하는 저작권 보호 대상 노래의 몇 소절만 부를 뿐입니다.
다른 사람의 콘텐츠를 허가없이 사용했지만 아직 동영상에 대한 저작권 침해 신고를 받지 않았습니다.
다른 작품을 합쳐서 편집하거나 '매시업(mash-up)'하는 경우
30초 길이의 노래나 동영상 클립만 사용하는 경우
동영상이 라이센스에서 요구하는 저작자 또는 출처 정보를 밝히지 않았습니다.
동영상이 적합하지 않은 경우 YouTube에서 삭제됩니다.
계정에서 수익을 창출하도록 설정
<계약서>
'Google 애드센스 온라인 표준 이용약관' 또는 애드센스 '프로그램 정책'에 상반되는 내용이 있을지라도, YouTube가 본인의 동영상을 통해 '수익 창출' 즉 광고를 게재한다는 점을 이해하고 동의합니다. 애드센스 프로그램 정책에 따라, 애드센스 계정을 연결하면 YouTube로부터 보너스를 지급받을 수 있으며 이는 Google에서 인식한 수익의 55%에 해당합니다. 본 약관은 Google의 단독 재량으로 고지를 통해 변경될 수 있습니다. 광고는 Google 또는 승인을 받은 제3자의 현재 또는 향후 모든 형식으로 구성될 수 있으며, 수익을 창출하도록 설정한 동영상 콘텐츠와 함께 YouTube 동영상 플레이어(선택한 동영상을 최종 사용자에게 스트리밍하고 관련 광고를 표시하는 미디어 플레이어)나 YouTube 채널 페이지, 보기 페이지 및 동영상 재생 페이지(선택한 동영상을 최종 사용자에게 스트리밍하고 관련 광고를 표시하는 YouTube 서비스상의 페이지)에 표시하거나 스트리밍할 수 있습니다. Google이 별도로 명시하지 않는 한, 애드센스 계정을 연결하면 판매 대금 지급을 위해 Google 애드센스 계정을 유지(하고 Google 애드센스 온라인 표준 이용약관을 준수)하도록 동의하는 것으로 간주합니다. 이 계약은 언제든지 Google의 단독 재량으로 해지될 수 있습니다.
Terms of Service
1. Your relationship with YouTube
1.1 Your use of the YouTube website (the "Website") and any YouTube products, channels, software, data feeds and services, including the YouTube embeddable video player (the "YouTube Player") provided to you on or from or through the Website by YouTube (collectively the "Service") is subject to the terms of a legal agreement between you and YouTube. "YouTube" means YouTube LLC, whose principal place of business is at 901 Cherry Avenue, San Bruno, CA 94066, United States.
1.2 Your legal agreement with YouTube is made up of (A) the terms and conditions set out in this document, (B) YouTube's Privacy Policy (http://ie.youtube.com/t/privacy) and (C) YouTube's Community Guidelines (http://ie.youtube.com/t/community_guidelines) (collectively called the "Terms").
1.3 The Terms form a legally binding agreement between you and YouTube in relation to your use of the Service. It is important that you take the time to read them carefully.
1.4 The Terms apply to all users of the Service, including users who are also contributors of Content, on the Service. "Content" includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through or contribute to the Service.
2. Accepting the Terms
2.1 In order to use the Service, you must firstly agree to the Terms. You may not use the Service if you do not accept the Terms.
2.2 You can accept the Terms by simply using the Service. You understand and agree that YouTube will treat your use of the Service as acceptance of the Terms from that point onwards.
2.3 You may not use the Service and may not accept the Terms if (a) you are not of legal age to form a binding contract with YouTube, or (b) you are a person who is either barred or otherwise legally prohibited from receiving or using the Service under the laws of the country in which you are resident or from which you access or use the Service.
2.4 You should print off or save a local copy of the Terms for your records.
3. Changes to the Terms
YouTube reserves the right to make changes the Terms from time to time, for example to address changes to the law or regulatory changes or changes to functionality offered through the Service. Therefore you must look at the Terms regularly to check for such changes. The modified version of the Terms (the "Modified Terms") will be posted at http://ie.youtube.com/t/terms or made available within the Service (for any modified additional terms). If you do not agree to the Modified Terms you must stop using the Service. Your continued use of the Service after the date the Modified Terms are posted will constitute your acceptance of the Modified Terms.
4. YouTube accounts
4.1 In order to access some features of the Website or other elements of the Service, you will have to create a YouTube account. When creating your account, you must provide accurate and complete information. It is important that you must keep your YouTube account password secure and confidential.
4.2 You must notify YouTube immediately of any breach of security or unauthorised use of your YouTube account that you become aware of.
4.3 You agree that you will be solely responsible (to YouTube, and to others) for all activity that occurs under your YouTube account.
5. General restrictions on use
5.1 YouTube hereby grants you permission to access and use the Service, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of these Terms on your part:
A. you agree not to distribute any part of or parts of the Website or the Service, including but not limited to any Content, in any medium without YouTube's prior written authorisation, unless YouTube makes available the means for such distribution through functionality offered by the Service (such as the YouTube Player);
B. you agree not to alter or modify any part of the Website or any of the Service (including but not limited to the YouTube Player and its related technologies);
C. you agree not to access Content through any technology or means other than the video playback pages of the Website itself, the YouTube Player, or such other means as YouTube may explicitly designate for this purpose;
D. you agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Service or features that (i) prevent or restrict use or copying of Content or (ii) enforce limitations on use of the Service or the content accessible via the Service;
E. you agree not to use the Service (including the YouTube Player) for any of the following commercial uses unless you obtain YouTube's prior written approval:
i. the sale of access to the Service
ii. the sale of advertising, sponsorships or promotions placed on or within the Service, or Content;
iii. the sale of advertising, sponsorships or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service unless other material not obtained from YouTube appears on the same page and is of sufficient value to be the basis for such sales
F. prohibited commercial uses shall not include (i) uploading an original video to YouTube, (ii) maintaining an original channel on the Website in order to promote a business or artistic enterprise, (iii) showing YouTube videos through the YouTube Player or otherwise on an ad-enabled blog or website, subject to those advertising restrictions set out in 5.1(E)(iii) above; and (iv) any use that is expressly authorised by YouTube in writing;
G. if you use the YouTube Player on your website may not modify, build upon or block any portion or functionality of the YouTube Player including but not limited to links back to the Website;
H. you agree not to use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Service 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 publicly available, standard (i.e. not modified) web browser;
I. you agree not to collect or harvest any personal data of any user of the Website or any Service (and agree that this shall be deemed to include YouTube account names);
J. you agree not to use the Website or the Services (including the comments and email features in the Website) for the solicitation of business in the course of trade or in connection with a commercial enterprise;
K. you agree not to solicit, for commercial purposes, any users of the Website with respect to their Content; and
L. you agree not to access Content or any reason other than your personal, non-commercial use solely as intended through and permitted by the normal functionality of the Service, and solely for Streaming. "Streaming" means a contemporaneous digital transmission of the material by YouTube via the Internet to a user operated Internet enabled device in such a manner that the data is intended for real-time viewing and not intended to be downloaded (either permanently or temporarily), copied, stored, or redistributed by the user.
M. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of YouTube or the respective licensors of the Content.
5.2 You agree that you will comply with all of the other provisions of the Terms and the YouTube Community Guidelines at all times during your use of the Service.
5.3 YouTube grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of 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.
5.4 YouTube is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Service which YouTube provides may change from time to time without prior notice to you.
5.5 As part of this continuing innovation, you acknowledge and agree that YouTube may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at YouTube's sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform YouTube when you stop using the Service.
5.6 You agree that you are solely responsible for (and that YouTube has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which YouTube may suffer) of any such breach.
6. Copyright policy
6.1 YouTube operates a clear copyright policy in relation to any Content that is alleged to infringe the copyright of a third party. Details of that policy can be found here http://ie.youtube.com/t/copyright_notice
6.2 As part of YouTube's copyright policy, YouTube will terminate user access to the Service if a user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice.
7. Content
7.1 As a YouTube account holder you may submit Content. You understand that whether or not Content is published, YouTube does not guarantee any confidentiality with respect to Content.
7.2 You retain all of your ownership rights in your Content, but you are required to grant limited licence rights to YouTube and other users of the Service. These are described in paragraph 8 of these Terms (Rights you licence).
7.3 You understand and agree that you are solely responsible for your own Content and the consequences of posting or publishing it. YouTube does not endorse any Content or any opinion, recommendation, or advice expressed therein, and YouTube expressly disclaims any and all liability in connection with Content.
7.4 You represent and warrant that you have (and will continue to have during your use of the Service) all necessary licenses, rights, consents, and permissions which are required to enable YouTube to use your Content for the purposes of the provision of the Service by YouTube, and otherwise to use your Content in the manner contemplated by the Service and these Terms.
7.5 You agree that your conduct on the site will comply with (and you agree that the content of all of your Content shall comply with) the YouTube Community Guidelines, found at http://ie.youtube.com/t/community_guidelines, as updated from time to time.
7.6 You agree that you will not post or upload any Content which contains material which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for YouTube to use or possess in connection with the provision of the Service.
7.7 You agree that Content you submit to the Service will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal licence or permission from the rightful owner, or are otherwise legally entitled, to post the material in question and to grant YouTube the licence referred to in paragraph 8.1 below.
7.8 On becoming aware of any potential violation of these Terms, YouTube reserves the right (but shall have no obligation) to decide whether Content complies with the content requirements set out in these Terms and may remove such Content and/or terminate a User's access for uploading Content which is in violation of these Terms at any time, without prior notice and at its sole discretion.
7.9 You further understand and acknowledge that in using the Service, you may be exposed to Content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against YouTube with respect to any such Content.
8. Rights you licence
8.1 When you upload or post Content to YouTube, you grant:
A. to YouTube, a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service and otherwise in connection with the provision of the Service and YouTube's business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats [and through any media channels];
B. to each user of the Service, a worldwide, non-exclusive, royalty-free licence to access your Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by the functionality of the Service and under these Terms.
8.2 The above licenses granted by you in Content terminate when you remove or delete your Content from the Website. The above licenses granted by you in textual comments you submit as Content are perpetual and irrevocable, but are otherwise without prejudice to your ownerships rights, which are retained by you as set out in paragraph 7.2 above.
9. YouTube content on the Website
9.1 With the exception of Content submitted to the Service by you, all other Content on the Service is either owned by or licensed to YouTube, and is subject to copyright, trade mark rights, and other intellectual property rights of YouTube or YouTube's licensors. Any third party trade or service marks present on Content not uploaded or posted by you are trade or service marks of their respective owners. Such Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of YouTube or, where applicable, YouTube's licensors. YouTube and its licensors reserve all rights not expressly granted in and to their Content.
10. Links from YouTube
10.1 The Service may include hyperlinks to other web sites 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.
10.2 You acknowledge and agree that YouTube is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
10.3 You acknowledge and agree that YouTube is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
10.4 YouTube encourages you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.
11. Ending your relationship with YouTube
11.1 The Terms will continue to apply until terminated by either you or YouTube as set out below.
11.2 If you want to terminate your legal agreement with YouTube, you may do so by (a) notifying YouTube at any time and (b) closing your YouTube account. Your notice should be sent, in writing, to YouTube's address which is set out at the beginning of these Terms.
11.3 YouTube may at any time terminate its legal agreement with you if:
A. you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
B. YouTube is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
11.4 YouTube may terminate its legal agreement with you if:
A. YouTube is transitioning to no longer providing the Service to users in the country in which you are resident or from which you use the Service; or
B. the provision of the Service to you by YouTube is, in YouTube's opinion, no longer commercially viable
and in the case of each of A and B of this clause 11.4 shall, where possible, give reasonable notice of such termination.
11.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and YouTube have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 14.6 shall continue to apply to such rights, obligations and liabilities indefinitely.
12. Exclusion of Warranties
12.1 Nothing in the Terms shall affect any statutory rights that you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
12.2 The Service is provided "as is" and YouTube makes no warranty or representation to you with respect to them.
12.3 In particular YouTube does not represent or warrant to you that:
A. your use of the Service will meet your requirements,
B. your use of the Service will be uninterrupted, timely, secure or free from error,
C. any information obtained by you as a result of your use of the Service will be accurate or reliable, and
D. that defects in the operation or functionality of any software provided to you as part of the Service will be corrected.
12.4 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Service except to the extent that they are expressly set out in the Terms.
13. Limitation of Liability
13.1 Nothing in these Terms shall exclude or limit YouTube's liability for losses which may not be lawfully excluded or limited by applicable law.
13.2 Subject to the overall provision in paragraph 13.1 above YouTube shall not be liable to you for:
A. any indirect or consequential losses which may be incurred by you. This shall include; (i) any loss of profit (whether incurred directly or indirectly); (ii) any loss of goodwill or business reputation; (iii) any loss of opportunity; or (iv) any loss of data suffered by you;
B. any loss or damage which may be incurred by you as a result of:
i. any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Service;
ii. any changes which YouTube may make to the Service, or for any permanent or temporary cessation in the provision of the Service (or any features within the Service);
iii. the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Service;
iv. your failure to provide YouTube with accurate account information;
v. your failure to keep your password or YouTube account details secure and confidential.
13.3 The limitations on YouTube's liability to you in paragraph 13.2 above shall apply whether or not YouTube has been advised of or should have been aware of the possibility of any such losses arising.
14. General legal terms
14.1 The Terms constitute the whole legal agreement between you and YouTube and govern your use of the Service and completely replace any prior agreements between you and YouTube in relation to the Service. All other terms of service that Google Inc. and any of its subsidiaries may have in place from time to time are expressly excluded from the Terms.
14.2 You agree that YouTube may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Service.
14.3 You agree that if YouTube does not exercise or enforce any legal right or remedy which is contained in the Terms (or which YouTube has the benefit of under any applicable law), this will not be taken to be a formal waiver of YouTube's rights and that those rights or remedies will still be available to YouTube.
14.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
14.5 You acknowledge that the benefit of certain of the provisions of the Terms are expressed to be for the benefit not only of YouTube but also other members of the group of the companies of which YouTube is a part and you acknowledge that each and any of these shall be entitled in its or their own right to require by you the due performance of each such provision and to this end that YouTube is entering into this agreement with you not only in its own right but also as trustee and agent for each such entities.
14.6 The Terms, and your relationship with YouTube under the Terms, shall be governed by Irish law. You and YouTube agree to submit to the exclusive jurisdiction of the courts of Ireland to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that YouTube shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.
Dated: 9 June 2010
Google Terms of Service
Welcome to Google!
1. Your relationship with Google
1.1 Your use of Google’s products, software, services and web sites (referred to collectively as the “Services” in this document and excluding any services provided to you by Google under a separate written agreement) is subject to the terms of a legal agreement between you and Google. “Google” means Google Inc., whose principal place of business is at 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
1.2 Unless otherwise agreed in writing with Google, your agreement with Google will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Universal Terms”.
1.3 Your agreement with Google will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and Google in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.
1.5 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.
2. Accepting the Terms
2.1 In order to use the Services, you must firstly agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by Google in the user interface for any Service; or
(B) by actually using the Services. In this case, you understand and agree that Google will treat your use of the Services as acceptance of the Terms from that point onwards.
2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Google, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
2.4 Before you continue, you should print off or save a local copy of the Universal Terms for your records.
3. Language of the Terms
3.1 Where Google has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Google.
3.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
4. Provision of the Services by Google
4.1 Google has subsidiaries and affiliated legal entities around the world (“Subsidiaries and Affiliates”). Sometimes, these companies will be providing the Services to you on behalf of Google itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.
4.2 Google is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Google provides may change from time to time without prior notice to you.
4.3 As part of this continuing innovation, you acknowledge and agree that Google may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Google’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Google when you stop using the Services.
4.4 You acknowledge and agree that if Google disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
4.5 You acknowledge and agree that while Google may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by Google at any time, at Google’s discretion.
5. Use of the Services by you
5.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Google will always be accurate, correct and up to date.
5.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
5.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Google, unless you have been specifically allowed to do so in a separate agreement with Google.
5.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
5.5 Unless you have been specifically permitted to do so in a separate agreement with Google, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
5.6 You agree that you are solely responsible for (and that Google has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Google may suffer) of any such breach.
6. Your passwords and account security
6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
6.2 Accordingly, you agree that you will be solely responsible to Google for all activities that occur under your account.
6.3 If you become aware of any unauthorised use of your password or of your account, you agree to notify Google immediately at http://www.google.com/support/accounts/bin/answer.py?answer=48601.
7. Privacy and your personal information
7.1 For information about Google’s data protection practices, please read Google’s privacy policy at http://www.google.co.uk/privacy.html. This policy explains how Google treats your personal information, and protects your privacy, when you use the Services.
7.2 You agree to the use of your data in accordance with Google’s privacy policies.
8. Content in the Services
8.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
8.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Google (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Google or by the owners of that Content, in a separate agreement.
8.3 Google reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. For some of the Services, Google may provide tools to filter out explicit sexual content. These tools include the SafeSearch preference settings (see http://www.google.co.uk/help/customize.html#safe). In addition, there are commercially available services and software to limit access to material that you may find objectionable.
8.4 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
8.5 You agree that you are solely responsible for (and that Google has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Google may suffer) by doing so.
9. Proprietary rights
9.1 You acknowledge and agree that Google (or Google’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Google and that you shall not disclose such information without Google’s prior written consent.
9.2 Unless you have agreed otherwise in writing with Google, nothing in the Terms gives you a right to use any of Google’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
9.3 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, any applicable provisions of the Terms, and Google's brand feature use guidelines as updated from time to time. These guidelines can be viewed online at http://www.google.com/permissions/guidelines.html (or such other URL as Google may provide for this purpose from time to time).
9.4 Other than the limited license set forth in Section 11, Google acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Google, you agree that you are responsible for protecting and enforcing those rights and that Google has no obligation to do so on your behalf.
9.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
9.6 Unless you have been expressly authorised to do so in writing by Google, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organisation in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos.
10. Licence from Google
10.1 Google gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the software provided to you by Google as part of the Services as provided to you by Google (referred to as the “Software” below). This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Google, in the manner permitted by the Terms.
10.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Google, in writing.
10.3 Unless Google has given you specific written permission to do so, you may not assign (or grant a sub-licence of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
11. Content licence from you
11.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give Google a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This licence is for the sole purpose of enabling Google to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.
11.2 You agree that this licence includes a right for Google to make such Content available to other companies, organisations or individuals with whom Google has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
11.3 You understand that Google, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this licence shall permit Google to take these actions.
11.4 You confirm and warrant to Google that you have all the rights, power and authority necessary to grant the above licence.
12. Software updates
12.1 The Software which you use may automatically download and install updates from time to time from Google. These updates are designed to improve, enhance and further develop the Services 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 Google to deliver these to you) as part of your use of the Services.
13. Ending your relationship with Google
13.1 The Terms will continue to apply until terminated by either you or Google as set out below.
13.2 If you want to terminate your legal agreement with Google, you may do so by (a) notifying Google at any time and (b) closing your accounts for all of the Services which you use, where Google has made this option available to you. Your notice should be sent, in writing, to Google’s address which is set out at the beginning of these Terms.
13.3 Google may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the Terms (or have acted in manner which 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, where the provision of the Services to you is, or becomes, unlawful); or
(C) the partner with whom Google offered the Services to you has terminated its relationship with Google or ceased to offer the Services to you; or
(D) Google is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
(E) the provision of the Services to you by Google is, in Google’s opinion, no longer commercially viable.
13.4 Nothing in this Section shall affect Google’s rights regarding provision of Services under Section 4 of the Terms.
13.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Google have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 20.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
14. Exclusion of Warranties
14.1 The Services are provided "as is" and Google, its Subsidiaries and Affiliates, and its licensors give you no warranty with respect to them.
14.2 In particular, Google, its Subsidiaries and Affiliates, and 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.
14.3 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Services except to the extent that they are expressly set out in the Terms.
14.4 Nothing in the Terms shall affect those statutory rights which you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
15. Limitation of Liability
15.1 Nothing in these Terms shall exclude or limit Google’s liability for losses which may not be lawfully excluded or limited by applicable law.
15.2 Subject to overall provision in paragraph 15.1 above, Google, its Subsidiaries and Affiliates, and its licensors shall not be liable to you for:
(A) any indirect or consequential losses which may be incurred by you. This shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you;
(B) any loss or damage which may be incurred by you as a result of:
(i) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Services;
(ii) any changes which Google may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services);
(iii) the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Services;
(iii) your failure to provide Google with accurate account information;
(iv) your failure to keep your password or account details secure and confidential;
15.3 The limitations on Google’s liability to you in paragraph 15.2 above shall apply whether or not Google has been advised of or should have been aware of the possibility of any such losses arising.
16. Copyright and trade mark policies
16.1 It is Google’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers. Details of Google’s policy can be found at http://www.google.co.uk/dmca.html.
16.2 Google operates a trade mark complaints procedure in respect of Google’s advertising business, details of which can be found at http://www.google.co.uk/tm_complaint.html.
17. Advertisements
17.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
17.2 The manner, mode and extent of advertising by Google on the Services are subject to change without specific notice to you.
17.3 In consideration for Google granting you access to and use of the Services, you agree that Google may place such advertising on the Services.
18. Other content
18.1 The Services may include hyperlinks to other web sites or content or resources. Google may have no control over any web sites or resources which are provided by companies or persons other than Google.
18.2 You acknowledge and agree that Google is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
18.3 You acknowledge and agree that Google is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
19. Changes to the Terms
19.1 Google may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, Google will make a new copy of the Universal Terms available at http://www.google.com/accounts/TOS?hl=en and any new Additional Terms will be made available to you from within, or through, the affected Services.
19.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, Google will treat your use as acceptance of the updated Universal Terms or Additional Terms.
20. General legal terms
20.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
20.2 The Terms constitute the whole legal agreement between you and Google and govern your use of the Services (but excluding any services which Google may provide to you under a separate written agreement), and completely replace any prior agreements between you and Google in relation to the Services.
20.3 You agree that Google may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
20.4 You agree that if Google does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Google has the benefit of under any applicable law), this will not be taken to be a formal waiver of Google’s rights and that those rights or remedies will still be available to Google.
20.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
20.6 You acknowledge and agree that each member of the group of companies of which Google is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
20.7 The Terms, and your relationship with Google under the Terms, shall be governed by English law. You and Google agree to submit to the exclusive jurisdiction of the courts of England 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.
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