Lalo v. Apple, Inc et al

Filing 143

Declaration of James F. McCabe in Support of 142 MOTION to Dismiss Defendant Apple Inc.'s Motion to Dismiss Plaintiffs' First Consolidated Class Action Complaint Pursuant to Rules 12(b)(1), 12(b)(6) and 12(b)(7) MOTION to Dismiss Defendant Apple Inc.'s Motion to Dismiss Plaintiffs' First Consolidated Class Action Complaint Pursuant to Rules 12(b)(1), 12(b)(6) and 12(b)(7) filed byApple, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Related document(s) 142 ) (McCabe, James) (Filed on 6/20/2011)

EXHIBIT A

ENGLISH
IMPORTANT: BY USING YOUR iPAD, YOU ARE AGREEING TO BE BOUND BY THE FOLLOWING APPLE AND THIRD PARTY TERMS:
A.
B.
C.
D.

APPLE iPAD SOFTWARE LICENSE AGREEMENT
NOTICES FROM APPLE
GOOGLE MAPS TERMS AND CONDITIONS
YOUTUBE TERMS AND CONDITIONS

APPLE INC.
iPAD SOFTWARE LICENSE AGREEMENT
Single Use License
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING YOUR iPAD OR DOWNLOADING THE SOFTWARE UPDATE
ACCOMPANYING THIS LICENSE. BY USING YOUR iPAD OR DOWNLOADING THIS SOFTWARE UPDATE, AS APPLICABLE, YOU ARE AGREEING TO BE BOUND BY THE
TERMS OF THIS LICENSE, UNLESS YOU RETURN THE iPAD IN ACCORDANCE WITH APPLE'S RETURN POLICY. IF YOU DO NOT AGREE TO THE TERMS OF THIS
LICENSE, DO NOT USE THE iPAD OR DOWNLOAD THIS SOFTWARE UPDATE. IF YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, YOU MAY RETURN THE iPAD
WITHIN THE RETURN PERIOD TO THE APPLE STORE OR AUTHORIZED DISTRIBUTOR WHERE YOU OBTAINED IT FOR A REFUND, SUBJECT TO APPLE'S RETURN
POLICY FOUND AT http://www.apple.com/legal/sales_policies/.
1. General. The software (including Boot ROM code and other embedded software), documentation, interfaces, content, fonts and any data that came with your iPad
("Original iPad Software"), as may be updated or replaced by feature enhancements, software updates or system restore software prov ded by Apple ("iPad Software
Updates"), whether in read only memory, on any other media or in any other form (the Original iPad Software and iPad Software Updates are collectively referred to as the
“iPad Software") are licensed, not sold, to you by Apple Inc. ("Apple") for use only under the terms of this License. Apple and ts licensors retain ownership of the iPad
Software tself and reserve all rights not expressly granted to you.
Apple will provide you any iPad OS software updates that it may release from time to time, up to and including the next major iPad OS software release following the
vers on of iPad OS software that originally shipped from Apple on your iPad, for free. For example, if your iPad originally shipped with iPad 3 x software, Apple would
prov de you w th any iPad OS software updates t might release up to and including the iPad 4.x software release. Such updates and releases may not necessarily include
all of the new software features that Apple releases for newer iPad models.
2. Permitted License Uses and Restrictions.
(a) Subject to the terms and conditions of this License, you are granted a limited non-exclusive license to use the iPad Software on a single Apple-branded iPad. Except as
perm tted in Sect on 2(b) below, this License does not allow the iPad Software to exist on more than one Apple-branded iPad at a time, and you may not distribute or make
the iPad Software available over a network where it could be used by multiple devices at the same time. This License does not grant you any rights to use Apple proprietary
interfaces and other intellectual property in the design, development, manufacture, licensing or distribution of third party devices and accessories, or third party software
applications, for use w th the iPad. Some of those rights are available under separate licenses from Apple. For more information on developing third party devices and
accessories for the iPad, please email [e-mail]. For more information on developing software applications for the iPad, please email
[e-mail].
(b) Subject to the terms and cond tions of this License, you are granted a limited non-exclusive license to download iPad Software Updates that may be made available by
Apple for your model of the iPad to update or restore the software on any such iPad that you own or control. This License does not allow you to update or restore iPads
that you do not control or own, and you may not distribute or make the iPad Software Updates available over a network where they could be used by multiple devices or
multiple computers at the same time. You may make one copy of the iPad Software Updates stored on your computer in machine-readable form for backup purposes only,
prov ded that the backup copy must include all copyright or other proprietary notices contained on the original.
(c) You may not and you agree not to, or to enable others to, copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to
derive the source code of, decrypt, modify, or create derivative works of the iPad Software or any services provided by the iPad Software, or any part thereof (except as and
only to the extent any foregoing restrict on is prohib ted by applicable law or to the extent as may be perm tted by licensing terms governing use of open-sourced
components included w th the iPad Software). Any attempt to do so is a violation of the rights of Apple and its licensors of the iPad Software.
(d) By storing content on your iPad you are making a dig tal copy. In some jurisdictions, t is unlawful to make digital copies w thout prior permiss on from the rights
holder. The iPad Software may be used to reproduce materials so long as such use is lim ted to reproduction of non-copyrighted materials, materials in which you own the
copyright, or materials you are authorized or legally permitted to reproduce.
(e) You agree to use the iPad Software and the Services (as defined in Section 5 below) in compliance w th all applicable laws, including local laws of the country or reg on
in which you res de or in which you download or use the iPad Software and Services.
3. Transfer. You may not rent, lease, lend, sell, redistribute, or sublicense the iPad Software. You may, however, make a one-time permanent transfer of all of your license
rights to the iPad Software to another party in connection w th the transfer of ownership of your iPad, provided that: (a) the transfer must include your iPad and all of the
iPad Software, including all its component parts, original media, printed materials and this License; (b) you do not retain any cop es of the iPad Software, full or partial,
including copies stored on a computer or other storage device; and (c) the party receiving the iPad Software reads and agrees to accept the terms and cond tions of this
License.
4. Consent to Use of Non-Personal Data.
(a) Diagnostic Data. You agree that Apple and ts subs diar es and agents may collect, maintain, process and use diagnostic, technical and related information, including
but not lim ted to information about your iPad, computer, system and application software, and peripherals, that is gathered per odically to facil tate the provision of
software updates, product support and other services to you (if any) related to the iPad Software, and to verify compliance with the terms of this License. Apple may use
this informat on, as long as t is in a form that does not personally dentify you, to improve our products or to provide services or technologies to you.
(b) Location Data. Apple and its partners and licensees may prov de certain services through your iPad that rely upon locat on information. To prov de these services,
where available, Apple and ts partners and licensees may transmit, collect, maintain, process and use your location data, including the real-time geographic locat on of
your iPad. The location data collected by Apple is collected in a form that does not personally dentify you and may be used by Apple and ts partners and licensees to
prov de locat on-based products and services. By using any location-based services on your iPad, you agree and consent to Apple's and its partners' and licensees'
transmission, collection, maintenance, processing and use of your location data to provide location-based products and services. You may withdraw this consent
at any time by not using the location-based features or by turning off the Location Services setting on your iPad. Not using these features will not impact the non locationbased functionality of your iPad. When using third party applications or services on the iPad that use or prov de locat on data, you are subject to and should review such
third party's terms and privacy policy on use of location data by such third party applications or services.
5. Services and Third Party Materials.
(a) The iPad Software enables access to Apple's iTunes Store, App Store and other Apple and third party services and web sites (collectively and individually, "Services").
Such services may not be available in all languages or in all countries. Use of the Services requires Internet access and use of certain Services requires you to accept
add t onal terms. By using this software in connection w th an iTunes Store account, you agree to the latest iTunes Store Terms and Condit ons, which you may access and
review at http://www.apple.com/legal/ tunes/ww/.
(b) You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or object onable, which content may or may not
be identified as having explic t language, and that the results of any search or entering of a particular URL may automatically and unintent onally generate links or
references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that Apple shall have no liability to you for content that may be
found to be offensive, indecent, or objectionable.
(c) Certain Services may display, include or make available content, data, information, applicat ons or materials from third parties (“Third Party Materials”) or provide links
to certain third party web s tes. By using the Services, you acknowledge and agree that Apple is not responsible for examining or evaluating the content, accuracy,
completeness, timeliness, val d ty, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Apple, its officers,
affiliates and subs diar es do not warrant or endorse and do not assume and will not have any liability or responsibil ty to you or any other person for any third-party
Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided
solely as a conven ence to you.

(d) Financial information displayed by any Services is for general informational purposes only and should not be relied upon as investment advice. Before executing any
securities transaction based upon informat on obtained through the Services, you should consult with a financial or securit es professional who is legally qualified to give
financial or securit es advice in your country or reg on. Location data prov ded by any Services is for basic navigat onal purposes only and is not intended to be relied upon
in situat ons where precise locat on information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury,
property or environmental damage. Neither Apple nor any of its content prov ders guarantees the availabil ty, accuracy, completeness, reliability, or timeliness of stock
informat on, locat on data or any other data displayed by any Services.
(e) You agree that the Services contain propr etary content, informat on and material that is owned by Apple and/or its licensors, and is protected by applicable intellectual
property and other laws, including but not limited to copyright, and that you will not use such proprietary content, informat on or materials in any way whatsoever except
for permitted use of the Services or in any manner that is inconsistent with the terms of this License or that infringes any intellectual property rights of a third party or
Apple. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works
based on the Services, in any manner, and you shall not explo t the Services in any unauthorized way whatsoever, including but not limited to, using the Services to
transm t any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the Services in any
manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Apple is not in any way responsible for any such
use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the
Services.
(f) In addit on, Services and Third Party Materials that may be accessed from, displayed on or linked to from the iPad are not available in all languages or in all countries.
Apple makes no representat on that such Services and Materials are appropriate or available for use in any particular location. To the extent you choose to access such
Services or Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Apple
and ts licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Apple be liable for the removal
of or disabling of access to any such Services. Apple may also impose lim ts on the use of or access to certain Services, in any case and without notice or liabil ty.
6. Termination. This License is effective until terminated. Your rights under this License will terminate automatically or otherwise cease to be effective without notice from
Apple if you fail to comply w th any term(s) of this License. Upon the termination of this License, you shall cease all use of the iPad Software. Sections 7, 8, 9, 12 and 13 of
this License shall survive any such termination.
7. Disclaimer of Warranties.
7.1 If you are a customer who is a consumer (someone who uses the iPad Software outside of your trade, business or profess on), you may have legal rights in your
country of residence which would prohib t the following lim tations from applying to you, and where prohib ted they will not apply to you. To find out more about rights,
you should contact a local consumer advice organization.
7.2 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE iPAD SOFTWARE AND SERVICES IS AT YOUR SOLE RISK
AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
7.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE iPAD SOFTWARE AND SERVICES PERFORMED BY THE iPAD SOFTWARE ARE PROVIDED "AS IS" AND "AS
AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLE AND APPLE'S LICENSORS (COLLECTIVELY REFERRED TO AS "APPLE" FOR THE PURPOSES
OF SECTIONS 7 AND 8) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE iPAD SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR
STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A
PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
7.4 APPLE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE iPAD SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN OR
SERVICES PERFORMED BY THE iPAD SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE iPAD SOFTWARE AND SERVICES WILL BE UNINTERRUPTED
OR ERROR-FREE, THAT ANY SERVICE WILL CONTINUE TO BE MADE AVAILABLE, THAT DEFECTS IN THE iPAD SOFTWARE OR SERVICES WILL BE CORRECTED, OR THAT THE
iPAD SOFTWARE WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. INSTALLATION OF THIS SOFTWARE MAY
AFFECT THE USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES.
7.5 YOU FURTHER ACKNOWLEDGE THAT THE iPAD SOFTWARE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE
FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE iPAD SOFTWARE OR SERVICES COULD LEAD TO
DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT
NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS.
7.6 NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE iPAD
SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT
APPLY TO YOU.
8. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL APPLE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL,
SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA,
FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE
OF OR INABILITY TO USE THE iPAD SOFTWARE AND SERVICES OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE iPAD SOFTWARE, HOWEVER
CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY
NOT APPLY TO YOU. In no event shall Apple's total liabil ty to you for all damages (other than as may be required by applicable law in cases involving personal injury)
exceed the amount of two hundred and fifty dollars (U.S.$250.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
9. Digital Certificates. The iPad Software contains functionality that allows t to accept digital certificates either issued from Apple or from third parties. YOU ARE SOLELY
RESPONSIBLE FOR DECIDING WHETHER OR NOT TO RELY ON A CERTIFICATE WHETHER ISSUED BY APPLE OR A THIRD PARTY. YOUR USE OF DIGITAL CERTIFICATES IS AT
YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO
MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, ACCURACY, SECURITY, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO DIGITAL
CERTIFICATES.
10. Export Control. You may not use or otherwise export or re-export the iPad Software except as authorized by United States law and the laws of the jurisdiction(s) in
which the iPad Software was obtained. In particular, but w thout limitat on, the iPad Software may not be exported or re-exported (a) into any U.S. embargoed countries or
(b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the
iPad Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the iPad Software for any
purposes prohibited by Un ted States law, including, w thout limitat on, the development, design, manufacture or production of missiles, nuclear, chemical or biological
weapons.
11. Government End Users. The iPad Software and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial
Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent
with 48 C.F.R. §12 212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software
Documentat on are being licensed to U S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant
to the terms and cond tions herein. Unpublished-rights reserved under the copyright laws of the Un ted States.
12. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law
principles. This License shall not be governed by the United Nat ons Convention on Contracts for the International Sale of Goods, the application of which is expressly
excluded. If you are a consumer based in the United Kingdom, this License will be governed by the laws of the jurisdict on of your residence. If for any reason a court of
competent jurisdiction finds any provision, or port on thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
13. Complete Agreement; Governing Language. This License constitutes the entire agreement between you and Apple relating to the iPad Software and supersedes all
pr or or contemporaneous understandings regarding such subject matter. No amendment to or modificat on of this License will be binding unless in writing and signed by
Apple. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English vers on of
this License shall govern, to the extent not prohibited by local law in your jurisdiction.
14. Third Party Acknowledgements. Portions of the iPad Software may utilize or include third party software and other copyrighted material. Acknowledgements,
licensing terms and disclaimers for such material are contained in the electronic documentation for the iPad Software, and your use of such material is governed by their

respective terms. Use of the Google Safe Browsing Service is subject to the Google Terms of Service (http://www.google.com/terms_of_service.html) and to Google's
Privacy Policy (http://www.google.com/privacypolicy.html).
15. Use of MPEG-4; H.264/AVC Notice.
(a) The iPad Software contains MPEG-4 v deo encoding and/or decoding functional ty. The iPad Software is licensed under the MPEG-4 Visual Patent Portfolio License for
the personal and non-commercial use of a consumer for (i) encoding v deo in compliance with the MPEG-4 Visual Standard (“MPEG-4 V deo”) and/or (ii) decoding MPEG-4
v deo that was encoded by a consumer engaged in a personal and non-commercial activity and/or was obtained from a v deo provider licensed by MPEG LA to prov de
MPEG-4 video. No license is granted or shall be implied for any other use. Add t onal informat on including that relating to promotional, internal and commercial uses and
licensing may be obtained from MPEG LA, LLC. See http://www.mpegla.com.
(b) The iPad Software contains AVC encoding and/or decoding functionality, commercial use of H.264/AVC requires addit onal licensing and the following provis on
applies: THE AVC FUNCTIONALITY IN THE iPAD SOFTWARE IS LICENSED HEREIN ONLY FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE
VIDEO IN COMPLIANCE WITH THE AVC STANDARD ("AVC VIDEO") AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND
NON-COMMERCIAL ACTIVITY AND/OR AVC VIDEO THAT WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. INFORMATION REGARDING OTHER
USES AND LICENSES MAY BE OBTAINED FROM MPEG LA L.L.C. SEE HTTP://WWW.MPEGLA.COM.
16. Yahoo Search Service Restrictions. The Yahoo Search Service available through Safari is licensed for use only in the following countr es and regions: Argentina,
Aruba, Australia, Austria, Barbados, Belgium, Bermuda, Brazil, Bulgaria, Canada, Cayman Islands, Chile, Colombia, Cyprus, Czech Republic, Denmark, Dominican Republic,
Ecuador, El Salvador, Finland, France, Germany, Greece, Grenada, Guatemala, Hong Kong, Hungary, Iceland, India, Indonesia, Ireland, Italy, Jamaica, Latvia, Lithuania,
Luxembourg, Malaysia, Malta, Mexico, Netherlands, New Zealand, Nicaragua, Norway, Panama, Peru, Philippines, Poland, Portugal, Puerto Rico, Romania, Singapore,
Slovakia, Slovenia, South Korea, Spain, St. Lucia, St. Vincent, Sweden, Switzerland, Taiwan, Thailand, The Bahamas, Trinidad and Tobago, Turkey, UK, Uruguay, US and
Venezuela.
17. Microsoft Exchange Notice. The Microsoft Exchange mail setting in the iPad Software is licensed only for over-the-air synchronizat on of information, such as email,
contacts, calendar and tasks, between your iPad and Microsoft Exchange Server or other server software licensed by Microsoft to implement the Microsoft Exchange
ActiveSync protocol.
EA0604
Updated February 9, 2010
-------------------------------------------------------------NOTICES FROM APPLE
If Apple needs to contact you about your product or account, you consent to receive the notices by email. You agree that any such notices that we send you electronically
will satisfy any legal communicat on requirements.
-------------------------------------------------------------GOOGLE MAPS TERMS AND CONDITIONS
Thank you for trying out the Google Maps for mobile software application! This page contains the terms and condit ons (the "Terms and Cond tions") for Google Maps for
mobile and the enterprise version of Google Maps for mobile. In order to use this software, including any third party software made available to you in conjunct on with
this software and/or the related service, (collectively referred to below as "Google Maps for mobile") you agree to be bound by these Terms and Cond t ons, either on
behalf of yourself or on behalf of your employer or other entity. If you are agreeing to be bound by these Terms and Conditions on behalf of your employer or other entity,
you represent and warrant that you have full legal author ty to bind your employer or such entity to these Terms and Conditions. If you don’t have the legal author ty to
bind, please press "No" when asked whether you agree to these Terms and Conditions, and do not proceed w th use of this product.
Additional Terms
Google Maps for mobile is designed to be used in conjunct on with Google's Maps services and other Google services. Accordingly, you agree and acknowledge that your
use of Google Maps for mobile is also subject to (a) the specific terms of service for Google Maps (which can be viewed at http://local.google.com/help/terms_local.html)
including the content notices applicable thereto (which can be viewed at http://local.google.com/help/legalnotices_local.html), (b) the general Google terms of service
(which can be viewed at http://www.google.com/terms_of_service.html) and (c) Google’s overall privacy policy (which can be viewed at http://www.google.com/
privacypolicy.html), as well as specific privacy polic es, such as the Google Maps for mobile privacy policy included w th this applicat on, such provisions being hereby
incorporated into these Terms and Condit ons by reference. To the extent that there is any inconsistency or conflict between such addit onal terms and these Terms and
Condit ons, the provisions of these Terms and Conditions take precedence.
Network Charges
Google does not charge for downloading or using Google Maps for mobile, but depending on your plan and your carr er or prov der, your carrier or other provider may
charge you for downloading Google Maps for mobile or for use of your mobile phone when you access information or other Google services through Google Maps for
mobile.
Non-Commercial Use Only
Google Maps for mobile is made available to you for your non-commercial use only. This means that you may use it for your personal use only: you may use it at work or
at home, to search for anything you want, subject to the terms set out in these Terms and Cond tions. You need to obtain Google's permission first, which you can do by
contacting [e-mail], if you want to sell Google Maps for mobile or any information, services, or software associated w th or derived from it, or if you
want to modify, copy, license, or create derivative works from Google Maps for mobile.
Unless you have our pr or written consent, you agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse
engineer, disassemble or otherwise attempt to derive source code from Google Maps for mobile.
Furthermore, you may not use Google Maps for mobile in any manner that could damage, disable, overburden, or impair Google's services (e.g., you may not use the
Google Maps for mobile in an automated manner), nor may you use Google Maps for mobile in any manner that could interfere w th any other party's use and enjoyment
of Google's services.
If you have comments on Google Maps for mobile or ideas on how to improve it, please email [e-mail]. Please note that by doing so, you also grant
Google and third part es permission to use and incorporate your ideas or comments into Google Maps for mobile (or third party software) without further notice or
compensation.
Intellectual Property
As between you and Google, you agree and acknowledge that Google owns all rights, title and interest in and to Google Maps for mobile, including without lim tation all
associated Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law,
trademark law, unfair competition law, and any and all other propr etary rights, and any and all applicat ons, renewals, extensions and restorations thereof, now or
hereafter in force and effect worldwide. You agree to not remove, obscure, or alter Google's or any third party's copyright notice, trademarks, or other propr etary rights
notices affixed to or contained within or accessed in conjunct on with or through the Google Maps for mobile.
Disclaimer of Warranties
Google and any third party who makes ts software available in conjunction w th or through Google Maps for mobile disclaim any responsibility for any harm resulting
from your use of Google Maps for mobile and/or any third party software accessed in conjunction w th or through Google Maps for mobile.
GOOGLE MAPS FOR MOBILE IS PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. GOOGLE AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT
PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. GOOGLE AND ANY SUCH THIRD PARTIES DISCLAIM ANY WARRANTIES REGARDING THE
SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF GOOGLE MAPS FOR MOBILE AND SUCH THIRD PARTY SOFTWARE.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE GOOGLE MAPS FOR MOBILE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER OR MOBILE DEVICE SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF GOOGLE MAPS FOR
MOBILE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU
MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL GOOGLE OR ANY THIRD PARTY WHO MAKE THEIR SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE GOOGLE MAPS FOR

MOBILE BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF GOOGLE MAPS FOR MOBILE. 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 AND/OR A THIRD PARTY SOFTWARE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON GOOGLE MAPS FOR MOBILE OR
ON PRODUCTS OR SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH GOOGLE MAPS FOR MOBILE, FROM INABILITY TO USE GOOGLE MAPS FOR MOBILE OR
PRODUCTS OR SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE GOOGLE MAPS FOR MOBILE, OR FROM THE INTERRUPTION, SUSPENSION, OR
TERMINATION OF GOOGLE MAPS FOR MOBILE OR PRODUCTS OR SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH GOOGLE MAPS FOR MOBILE (INCLUDING
SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO
THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Miscellaneous Provisions
These Terms and Condit ons will be governed by and construed in accordance w th the laws of the State of California, without giving effect to the conflict of laws
provisions of California or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and
Condit ons to be unenforceable, the remainder of these Terms and Cond t ons will continue in full force and effect.
These Terms and Condit ons constitute the entire agreement between you and Google with respect to the subject matter hereof and supersede and replace all prior or
contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provis on of these Terms and Condit ons will be
effective only if in writing and signed by Google.
September 2007
-------------------------------------------------------YOUTUBE TERMS OF SERVICE
1. Your Acceptance
A.
By using and/or visiting this webs te (collectively, including all content and funct onal ty available through the YouTube.com domain name, the "YouTube Website",
or "Website"), you signify your agreement to (1) these terms and cond tions (the "Terms of Service"), (2)YouTube's privacy notice, found at http://www.youtube.com/t/
privacy and incorporated here by reference, and (3) YouTube's Community Gu delines, found at http://www.youtube.com/t/community_gu delines and also incorporated
here by reference. If you do not agree to any of these terms, the YouTube privacy notice, or the Community Guidelines, please do not use the YouTube Website.
B.
Although we may attempt to notify you when major changes are made to these Terms of Service, you should per odically review the most up-to-date vers on http://
www.youtube.com/t/terms). YouTube may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such
modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
2. YouTube Website
A.
These Terms of Service apply to all users of the YouTube Webs te, including users who are also contributors of v deo content, information, and other materials or
services on the Website. The YouTube Website includes all aspects of YouTube, including but not lim ted to all products, software and services offered via the webs te such
as the YouTube channels, the YouTube "Embeddable Player," the YouTube "Uploader" and other applications.
B.
The YouTube Website may contain links to third party webs tes 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 webs tes. In add tion, YouTube will not and cannot censor or edit the content of any thirdparty site. By using the Website, you expressly relieve YouTube from any and all liability arising from your use of any third-party webs te.
C.
Accordingly, we encourage you to be aware when you leave the YouTube Website and to read the terms and condit ons and privacy policy of each other website that
you vis t.
3. YouTube Accounts
A.
In order to access some features of the Webs te, you will have to create a YouTube account. You may never use another's account without permiss on. When creating
your account, you must provide accurate and complete informat on. You are solely responsible for the activ ty that occurs on your account, and you must keep your
account password secure. You must notify YouTube immediately of any breach of security or unauthorized use of your account.
B.
Although YouTube will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of YouTube or others due to
such unauthorized use.
4. General Use of the Website—Permissions and Restrictions
YouTube hereby grants you permission to access and use the Website as set forth in these Terms of Service, prov ded that:
A.
You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), w thout YouTube's prior wr tten
authorization.
B.
You agree not to alter or modify any part of the Website, including but not limited to YouTube's Embeddable Player or any of ts related technologies.
C.
You agree not to access User Submiss ons (defined below) or YouTube Content through any technology or means other than the v deo playback pages of the Website
tself, the YouTube Embeddable Player, or other explicitly authorized means YouTube may designate.
D.
You agree not to use the Webs te, including the YouTube Embeddable Player for any commercial use, without the pr or written authorization of YouTube. Prohibited
commercial uses include any of the following actions taken without YouTube's express approval:
•
sale of access to the Website or ts related services (such as the Embeddable Player) on another website;
•
use of the Website or its related services (such as the Embeddable Player), for the primary purpose of gaining advertising or subscription revenue;
•
the sale of advertising, on the YouTube webs te or any third-party website, targeted to the content of specific User Submissions or YouTube content;
•
and any use of the Website or its related services (such as the Embeddable player) that YouTube finds, in ts sole discret on, to use YouTube's resources or User
Submissions with the effect of competing with or displacing the market for YouTube, YouTube content, or ts User Submissions. (For more information about prohibited
commercial uses, see our FAQ.)
E.
Prohib ted commercial uses do not include:
•
uploading an original video to YouTube, or maintaining an original channel on YouTube, to promote your business or artistic enterprise;
•
using the Embeddable Player to show YouTube videos on an ad-enabled blog or website, provided the primary purpose of using the Embeddable Player is not to gain
advertising revenue or compete with YouTube;
•
any use that YouTube expressly authorizes in writing.
(For more informat on about what const tutes a prohibited commercial use, see our FAQ.)
F.
If you use the YouTube Embeddable Player on your webs te, you must include a prominent link back to the YouTube website on the pages containing the
Embeddable Player and you may not modify, build upon, or block any portion of the Embeddable Player in any way.
G.
If you use the YouTube Uploader, you agree that t may automatically download and install updates from time to time from YouTube. These updates are designed to
improve, enhance and further develop the Uploader and may take the form of bug fixes, enhanced functions, new software modules and completely new vers ons. You
agree to receive such updates (and perm t YouTube to deliver these to you) as part of your use of the Uploader.
H.
You agree not to use or launch any automated system, including without lim tat on, "robots," "spiders," or "offline readers," that accesses the Website in a manner
that sends more request messages to the YouTube servers in a given per od of time than a human can reasonably produce in the same period by using a conventional online web browser. Notwithstanding the foregoing, YouTube grants the operators of public search engines permiss on to use sp ders to copy materials from the s te for the
sole purpose of and solely to the extent necessary for 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. You agree not to collect or harvest any personally dentifiable informat on, including
account names, from the Website, nor to use the communication systems prov ded by the Website (e.g. comments, email) for any commercial solic tation purposes. You
agree not to solic t, for commercial purposes, any users of the Webs te w th respect to their User Submiss ons.
I.
In your use of the webs te, you will otherwise comply w th the terms and conditions of these Terms of Service, YouTube Commun ty Gu delines, and all
applicable local, nat onal, and international laws and regulations.
J.
YouTube reserves the right to discontinue any aspect of the YouTube Webs te at any time.
5. Your Use of Content on the Site
In add tion to the general restrictions above, the following restrict ons and cond tions apply specifically to your use of content on the YouTube Website.
A.
The content on the YouTube Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos,
sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to
YouTube, subject to copyright and other intellectual property rights under the law. Content on the Webs te is prov ded to you AS IS for your information and personal use
only and may not be downloaded, cop ed, reproduced, distributed, transm tted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes
whatsoever without the prior wr tten consent of the respective owners. YouTube reserves all rights not expressly granted in and to the Website and the Content.
B.
You may access User Submiss ons for your information and personal use solely as intended through the provided funct onal ty of the YouTube Website. You shall not

copy or download any User Submission unless you see a “download” or similar link displayed by YouTube on the YouTube Webs te for that User Submission.
C.
User Comments are made available to you for your information and personal use solely as intended through the normal funct onality of the YouTube Webs te. User
Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise
explo ted in any manner not intended by the normal functionality of the YouTube Website or otherwise as prohibited under this Agreement.
D.
You may access YouTube Content, User Submissions and other content only as permitted under this Agreement. YouTube reserves all rights not expressly granted in
and to the YouTube Content and the YouTube Webs te.
E.
You agree to not engage in the use, copying, or distribut on of any of the Content other than expressly permitted herein, including any use, copying, or distribution
of User Submissions of third parties obtained through the Webs te for any commercial purposes.
F.
You agree not to circumvent, disable or otherwise interfere w th secur ty-related features of the YouTube Website or features that prevent or
restrict use or copying of any Content or enforce limitations on use of the YouTube Website or the Content therein.
G.
You understand that when using the YouTube Website, you will be exposed to User Submissions from a var ety of sources, and that YouTube is not responsible for
the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed
to User Submissions that are inaccurate, offensive, indecent, or object onable, and you agree to waive, and hereby do waive, any legal or equ table rights or remedies you
have or may have against YouTube w th respect thereto, and agree to indemnify and hold YouTube, its Owners/Operators, affiliates, and/or licensors, harmless to the
fullest extent allowed by law regarding all matters related to your use of the s te.
6. Your User Submissions and Conduct
A.
As a YouTube account holder you may subm t v deo content ("User V deos") and textual content ("User Comments"). User V deos and User Comments are collectively
referred to as "User Submissions." You understand that whether or not such User Submissions are published, YouTube does not guarantee any confidentiality w th respect
to any User Submissions.
B.
You shall be solely responsible for your own User Submiss ons and the consequences of posting or publishing them. In connection with User Submissions, you
affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize YouTube to use all patent,
trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submiss ons in the manner
contemplated by the Website and these Terms of Service.
C.
For clar ty, you retain all of your ownership rights in your User Submissions. However, by subm tting User Submissions to YouTube, you hereby grant YouTube a
worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User
Submissions in connection w th the YouTube Webs te and YouTube's (and its successors' and affiliates') business, including without limitation for promoting and
redistributing part or all of the YouTube Webs te (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of
the YouTube Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User
Submissions as permitted through the funct onal ty of the Webs te and under these Terms of Service. The above licenses granted by you in User Videos terminate within a
commercially reasonable time after you remove or delete your User Videos from the YouTube Website. You understand and agree, however, that YouTube may retain, but
not display, distribute, or perform, server copies of User Submiss ons that have been removed or deleted. The above licenses granted by you in User Comments are
perpetual and irrevocable.
D.
In connection w th User Submiss ons, you further agree that you will not subm t material that is copyrighted, protected by trade secret or otherwise subject to third
party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permiss on from their rightful owner to post the material
and to grant YouTube all of the license rights granted herein.
E.
You further agree that you will not, in connect on with User Submissions, submit material that is contrary to the YouTube Commun ty Guidelines, found at http://
www.youtube.com/t/commun ty_guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
F.
YouTube does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and YouTube expressly disclaims any and all
liabil ty in connection w th User Submiss ons. YouTube does not permit copyright infringing activ ties and infringement of intellectual property rights on its Webs te, and
YouTube will remove all Content and User Submissions if properly notified that such Content or User Submiss on infringes on another's intellectual property rights.
YouTube reserves the right to remove Content and User Submissions w thout prior notice.
7. Account Termination Policy
A.
YouTube will terminate a User's access to ts Website if, under appropriate circumstances, they are determined to be a repeat infringer.
B.
YouTube reserves the right to dec de whether Content or a User Submiss on is appropriate and complies with these Terms of Service for violat ons other than
copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. YouTube may remove such User Submiss ons and/
or terminate a User's access for uploading such material in v olat on of these Terms of Service at any time, w thout prior notice and at its sole discretion.
8. Digital Millennium Copyright Act
A.
If you are a copyright owner or an agent thereof and bel eve that any User Submiss on or other content infringes upon your copyrights, you may subm t a notification
pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent w th the following informat on in writing (see 17 U.S.C 512(c)(3) for further
detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identificat on of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a
representative list of such works at that site;
•
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled
and informat on reasonably sufficient to perm t the service prov der to locate the material;
•
Information reasonably sufficient to permit the service prov der to contact you, such as an address, telephone number, and, if available, an electronic mail;
•
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, ts agent, or the law;
and
•
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed.
B.
YouTube's designated Copyright Agent to receive notifications of claimed infringement is: Heather Gillette, 901 Cherry Ave., San Bruno, CA 94066, email:
[e-mail], fax: [phone].
C.
For clar ty, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should
be directed to YouTube customer service through http://www.google.com/support/youtube. You acknowledge that if you fail to comply with all of the requirements of
this Section 5(D), your DMCA notice may not be valid.
D.
Counter-Notice. If you bel eve that your User Submiss on that was removed (or to which access was disabled) is not infringing, or that you have the authorization
from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice
containing the following information to the Copyright Agent:
•
Your physical or electronic signature;
•
Identification of the content that has been removed or to which access has been disabled and the locat on at which the content appeared before t was removed or
disabled;
•
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
•
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a
statement that you will accept service of process from the person who prov ded notification of the alleged infringement.
åE. If a counter-notice is received by the Copyright Agent, YouTube may send a copy of the counter-notice to the original complaining party informing that person that
t may replace the removed content or cease disabling t in 10 business days. Unless the copyright owner files an action seeking a court order against the content prov der,
member or user, the removed content may be replaced, or access to t restored, in 10 to 14 business days or more after receipt of the counter-notice, at YouTube's sole
discretion.
9. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE YOUTUBE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, YOUTUBE, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. YOUTUBE MAKES NO
WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND
ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV)
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR
OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE YOUTUBE WEBSITE. YOUTUBE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE YOUTUBE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND YOUTUBE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR
BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

10. Limitation of Liability
IN NO EVENT SHALL YOUTUBE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF
ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR
ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR
WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY
ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE YOUTUBE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND
WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT YOUTUBE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD
PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by YouTube from its facilities in the United States of America. YouTube makes no representations that the YouTube Website is
appropriate or available for use in other locations. Those who access or use the YouTube Website from other jurisdictions do so at their own volition and are responsible
for compliance with local law.
11. Indemnity
You agree to defend, indemnify and hold harmless YouTube, its parent corporation, 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 YouTube
Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy
right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service
and your use of the YouTube Website.
12. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or 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 these Terms of Service, and to abide by and comply with these
Terms of Service. In any case, you affirm that you are over the age of 13, as the YouTube Website is not intended for children under 13. If you are under 13 years of age,
then please do not use the YouTube Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
13. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by YouTube without restriction.
14. General
You agree that: (i) the YouTube Website shall be deemed solely based in California; and (ii) the YouTube Website shall be deemed a passive website that does not give rise
to personal jurisdiction over YouTube, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive
laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and YouTube that arises in whole or in part from your
use of the YouTube Website shall be decided exclusively by a court of competent jurisdiction located in Santa Clara County, California. These Terms of Service, together
with the Privacy Notice at http://www.youtube.com/t/privacy and any other legal notices published by YouTube on the Website, shall constitute the entire agreement
between you and YouTube concerning the YouTube Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity
of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this
these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and YouTube's failure to assert any right or provision under these
Terms of Service shall not constitute a waiver of such right or provision. YouTube reserves the right to amend these Terms of Service at any time and without notice, and it
is your responsibility to review these Terms of Service for any changes. Your use of the YouTube Website following any amendment of these Terms of Service will signify
your assent to and acceptance of its revised terms. YOU AND YOUTUBE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE YOUTUBE WEBSITE MUST
COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.