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IMPORTANT: BY USING YOUR IPOD TOUCH, YOU ARE AGREEING TO BE BOUND BY THE FOLLOWING APPLE AND THIRD PARTY TERMS: A. B. C. D. APPLE IPOD TOUCH SOFTWARE LICENSE AGREEMENT NOTICES FROM APPLE GOOGLE MAPS TERMS AND CONDITIONS YOUTUBE TERMS AND CONDITIONS
APPLE INC. IPOD TOUCH SOFTWARE LICENSE AGREEMENT Single Use License PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING YOUR IPOD TOUCH OR DOWNLOADING THE SOFTWARE UPDATE ACCOMPANYING THIS LICENSE. BY USING YOUR IPOD TOUCH OR DOWNLOADING THIS SOFTWARE UPDATE, AS APPLICABLE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE IPOD TOUCH OR DOWNLOAD THIS SOFTWARE UPDATE. IF YOU DO NOT AGREE TO THE TERMS OF THE LICENSE AND HAVE NOT USED THE IPOD TOUCH, YOU MAY RETURN THE IPOD TOUCH TO THE PLACE WHERE YOU OBTAINED IT FOR A REFUND. 1. General The software (including Boot ROM code and other embedded software), interfaces, content, fonts, documentation and any data that came with your iPod touch (“Original iPod touch Software”), as may be updated or replaced by software updates or system restore software provided by Apple (“iPod touch Software Updates”), whether in read only memory, on any other media or in any other form (the Original iPod touch Software and iPod touch Software Updates are collectively referred to as the "iPod touch Software") are licensed, not sold, to you by Apple Inc. ("Apple") for use only under the terms of this License, and Apple reserves all rights not expressly granted to you. The rights granted herein are limited to Apple's intellectual property rights in the iPod touch Software and do not include any other patents or intellectual property rights. You own the media on which the iPod touch Software is recorded but Apple and/or Apple's licensor(s) retain ownership of the iPod touch Software itself. 2. Permitted License Uses and Restrictions (a) This License allows you to use the iPod touch Software on a single Apple-branded iPod touch. This License does not allow the iPod touch Software to exist on more than one Apple-branded iPod touch at a time, and you may not distribute or make the iPod touch 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 with the iPod touch. Some of those rights are available under separate licenses from Apple. For more information on developing third party devices and accessories for the iPod touch, please email email@example.com. For more information on developing software applications for the iPod touch, please email firstname.lastname@example.org. (b) With respect to iPod touch Software Updates that Apple may make available, this License allows you to download the iPod touch Software Updates to update or restore the software on any iPod touch that you own or control. This License does not allow you to update or restore iPod touch devices that you do not control or own, and you may not distribute or make the iPod touch 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 iPod touch Software Updates stored on your computer in machine-readable form for backup purposes only, provided 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 iPod touch Software or any services provided by the iPod touch Software, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by licensing terms governing use of open-sourced components included with the iPod touch Software). Any attempt to do so is a violation of the rights of Apple and its licensors of the iPod touch Software. If you breach this restriction, you may be subject to prosecution and damages. (d) By storing content on your iPod touch you are making a digital copy. In some jurisdictions, it is unlawful to make digital copies without prior permission from the rightsholder. The iPod touch Software may be used to reproduce materials so long as such use is limited to reproduction of noncopyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. 3. Transfer. You may not rent, lease, lend, sell, redistribute or sublicense the iPod touch Software. You may, however, make a one-time permanent transfer of all of your license rights to the iPod touch Software to another party in connection with the transfer of ownership of your iPod touch, provided that: (a) the transfer must include your iPod touch and all of the iPod touch Software, including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the iPod touch Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the iPod touch Software reads and agrees to accept the terms and conditions of this License. 4. Consent to Use of Non-Personal Data. (a) You agree that Apple and its subsidiaries may collect and use technical and related information, including but not limited to information about your iPod touch, computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the iPod touch Software, and to verify compliance with the terms of this License. Apple may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you. (b) Apple may provide certain services through your iPod touch that rely upon location information. To provide these services, Apple and its partners may transmit, collect, maintain, process and use your location data, including the real-time geographic location of your iPod touch. By using any location-based services on your iPod touch, you agree and consent to Apple's and its partners' transmission, collection, maintenance, processing and use of your location data to provide you with such services. The location data is collected in a form that does not personally identify you. You may withdraw this consent at any time by not using the location-based features. Not using these features will not impact the functionality of your iPod touch. 5. iTunes Store and other Services; Third Party Materials. The iPod touch Software enables access to Apple's iTunes Store and other Apple and third party services and web sites (collectively and individually, "Services"). Use of the Services requires Internet access and use of certain Services requires you to accept additional terms of service. By using this software in connection with an iTunes Store account, you agree to the latest iTunes Store Terms of Service, which you may access and review at http://www.apple.com/legal/itunes/ww/. You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally 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. Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that Apple is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright
compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Apple, its officers, affiliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility 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 convenience to you. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, you should consult with a financial professional. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Apple nor any of its content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any Services. You agree that the Services contain proprietary content, information 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, information or materials in any way whatsoever except for permitted use of the Services. 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 exploit the Services in any unauthorized way whatsoever, including but not limited to, 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 or illegal messages or transmissions that you may receive as a result of using any of the Services. In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the iPod touch are not available in all languages or in all countries. Apple makes no representation 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 its 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 limits on the use of or access to certain Services, in any case and without notice or liability. 6. Termination This License is effective until terminated. Your rights under this License will terminate automatically without notice from Apple if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the iPod touch Software. 7. Disclaimer of Warranties YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE IPOD TOUCH SOFTWARE AND SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE IPOD TOUCH SOFTWARE AND ANY SERVICES PERFORMED BY THE IPOD TOUCH 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 IPOD TOUCH SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. APPLE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE IPOD TOUCH SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED BY THE IPOD TOUCH SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE IPOD TOUCH SOFTWARE AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE IPOD TOUCH SOFTWARE AND SERVICES
WILL BE CORRECTED, OR THAT THE IPOD TOUCH 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. YOU FURTHER ACKNOWLEGE THAT THE IPOD TOUCH SOFTWARE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE IPOD TOUCH 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. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY SHOULD THE IPOD TOUCH 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 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 IPOD TOUCH SOFTWARE AND SERVICES, OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE IPOD TOUCH 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 liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. 9. Digital Certificates. The iPod touch Software contains functionality that allows it 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. 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. You agree that (a) you will not falsify or misuse any certificate; (b) you will use Digital Certificates for legal purposes only and in accordance with any applicable Certificate Policy, Certificate Practice Statement or other Certificate Authority business practice disclosures; (c) you are solely responsible for preventing any unauthorized user from making use of your Digital Certificates; and (d) you will revoke any certificate that you have reason to believe has been compromised. 10. Export Control. You may not use or otherwise export or reexport the iPod touch Software except as authorized by United States law and the laws of the jurisdiction(s) in which the iPod touch Software was obtained. In particular, but without limitation, the iPod touch 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 iPod touch 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 iPod touch Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. 11. Government End Users. The iPod touch 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 Documentation 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 conditions herein. Unpublished-rights reserved under the copyright laws of the United States. 12. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State of California, as applied to agreements entered into and to be performed entirely within California between California residents. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion 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 the parties with respect to the use of the iPod touch Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification 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 version of this License shall govern. 14. Third Party Acknowledgements. Portions of the iPod touch 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 iPod touch Software, and your use of such material is governed by their respective terms. 15. Use of MPEG-4. The iPod touch Software is licensed under the MPEG-4 Systems Patent Portfolio License for encoding in compliance with the MPEG-4 Systems Standard, except that an additional license and payment of royalties are necessary for encoding in connection with (i) data stored or replicated in physical media which is paid for on a title by title basis and/or (ii) data which is paid for on a title by title basis and is transmitted to an end user for permanent storage and/or use. Such additional license may be obtained from MPEG LA, LLC. See http://www.mpegla.com for additional details. The iPod touch Software contains MPEG-4 video encoding and/or decoding functionality. The iPod touch Software is licensed under the MPEG-4 Visual Patent Portfolio License for the personal and non-commercial use of a consumer for (i) encoding video in compliance with the MPEG-4 Visual Standard (“MPEG-4 Video”) and/or (ii) decoding MPEG-4 video that was encoded by a consumer engaged in a personal and non-commercial activity and/or was obtained from a video provider licensed by MPEG LA to provide MPEG-4 video. No license is granted or shall be implied for any other use. Additional information including that relating to promotional, internal and commercial uses and licensing may be obtained from MPEG LA, LLC. See http: //www.mpegla.com. For answers to frequently asked questions regarding use fees under the MPEG LA Visual Patent Portfolio License see www.apple.com/mpeg4 or www.apple.com/quicktime/products/qt/faq.html. 16. H.264/AVC Notice. The iPod touch Software contains AVC encoding and/or decoding functionality, commercial use of H.264/AVC requires additional licensing and the following provision applies: THE AVC FUNCTIONALITY IN THE IPOD TOUCH 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.
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 Conditions. You need to obtain Google's permission first, which you can do by contacting email@example.com, if you want to sell Google Maps for mobile or any information, services, or software associated with 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 prior 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 with 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 firstname.lastname@example.org. Please note that by doing so, you also grant Google and third parties 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 limitation 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 proprietary rights, and any and all applications, 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 proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Google Maps for mobile. Disclaimer of Warranties Google and any third party who makes its software available in conjunction with 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 with 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 NONINFRINGEMENT 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.
of the Services. It is important that you take the time to read them carefully. 1.4 The Terms apply to all users of the Website, including users who are also contributors of video content, information, and other materials or services to YouTube. 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 simply using the Services. You understand and agree that YouTube 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 YouTube, or (b) you are a person who is either barred or otherwise legally prohibited from receiving or using the Services under the laws of the country in which you are resident or from which you access or use the Services. 2.4 You should print off or save a local copy of the Terms for your records. 3. Language of the Terms 3.1 Where YouTube provides you with a translation of the English language version of the Terms, then the translation is provided for your convenience only and you agree that the English language versions of the Terms will govern your relationship with YouTube. 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. Changes to the Terms 4.1 YouTube may make changes to the Terms from time to time. When these changes are made, YouTube will make a new copy of the Terms available at http://uk.youtube.com/t/terms. 4.2 You understand and agree that if you use the Services after the date on which the Terms have changed, YouTube will treat your use as acceptance of the updated Terms. 4.3 You should check the Terms regularly for changes. 5. YouTube accounts 5.1 In order to access some features of the Website or other Services, 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. 5.2 You must notify YouTube immediately of any breach of security or unauthorised use of your YouTube account that you become aware of. 5.3 You agree that you will be solely responsible (to YouTube, and to others) for all activity that occurs under your YouTube account. 6. General restrictions on use 6.1 YouTube hereby grants you permission to access and use the Website and the Services, 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: you agree not to distribute any part of or parts of the Website, including but not limited to any User Submissions (as defined below), in any medium without YouTube's prior written
authorisation; you agree not to alter or modify any part of the Website or any of the Services (including but not limited to the YouTube Player and its related technologies); you agree not to access User Submissions (defined below) or other content made available on the Website (including YouTube Content, as defined below) 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; you agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Website or features that (i) prevent or restrict use or copying of any User Submissions or YouTube Content or (ii) enforce limitations on use of the Website or the content accessible on the Website; you agree not to use the Website or any Services (including the YouTube Player) for any commercial use, without the prior written authorisation of YouTube. Prohibited commercial uses shall include, without limitation: the resale of access to the Website or any of the Services (such as the YouTube Player) on another website for the primary purpose of gaining advertising or subscription revenue; and the redistribution of the Services (including any User Submissions accessible through such Services) for the primary purpose of generating revenue from a substantially similar or comparable business enterprise to that carried on by YouTube, but 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, and (iii) any use that is expressly authorised by YouTube in writing; if you use the YouTube Player on your website, you must include a prominent link back to the Website on the pages containing the YouTube Player and you may not modify the YouTube Player in any way; you agree not to use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Website 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; 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); you agree not to use the Website and 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; you agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions; and you agree not to access User Videos (as defined below) for any reason other than your personal, non-commercial use solely as intended through and permitted by the normal functionality of the Services, 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. 6.2 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 Services. 6.3 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. 6.4 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 Services which YouTube provides may change from time to time without prior notice to you. 6.5 As part of this continuing innovation, you acknowledge and agree that YouTube may stop
(permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at YouTube's sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform YouTube when you stop using the Services. 6.6 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. 7. Copyright policy 7.1 YouTube operates a clear copyright policy in relation to any User Submissions which are alleged to infringe the copyright of a third party. Details of that policy can be found here http://uk.youtube.com/t/copyright_notice 7.2 As part of YouTube's copyright policy, YouTube will terminate user access to the Website 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. 8. Your User Submissions 8.1 As a YouTube account holder you may submit video content ("User Videos") and textual content ("User Comments") (collectively referred to as "User Submissions"). You understand that whether or not such User Submissions are published, YouTube does not guarantee any confidentiality with respect to any User Submissions. 8.2 You retain all of your ownership rights in your User Submissions, but you are required to grant limited licence rights to YouTube and other Website users. These are described in paragraph 10 of these Terms (Rights you licence). 8.3 You understand and agree that you are solely responsible for your own User Submissions and the consequences of posting or publishing them. YouTube does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and YouTube expressly disclaims any and all liability in connection with User Submissions. 8.4 You represent and warrant that you have (and will continue to have during your use of the Services) all necessary licenses, rights, consents, and permissions which are required to enable YouTube to use your User Submissions for the purposes of the provision of the Services by YouTube, and otherwise to use your User Submissions in the manner contemplated by the Website and these Terms. 9. Content of your User Submissions 9.1 You agree that your conduct on the site will comply with (and you agree that the content of all of your User Submissions shall comply with) the YouTube Community Guidelines, found at http://uk.youtube.com/t/community_guidelines, as updated from time to time. 9.2 You agree that you will not post or upload any User Submissions which contain content 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 Services. 9.3 You agree that you will not upload or post any User Submissions that are subject to any third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal licence or permission from the rightful owner to post the material in question and to grant YouTube the licence referred to in paragraph 10.1 below. 9.4 YouTube reserves the right (but shall have no obligation) to decide whether User Submissions comply with the content requirements set out in these Terms and may remove such User Submissions and/or terminate a User's access for uploading any User Submission which is in
13. Ending your relationship with YouTube 13.1 The Terms will continue to apply until terminated by either you or YouTube as set out below. 13.2 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. 13.3 YouTube may at any time, terminate its legal agreement with you if: 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 YouTube is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or YouTube is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the Services; or the provision of the Services to you by YouTube is, in YouTube's opinion, no longer commercially viable. 13.4 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 16.6 shall continue to apply to such rights, obligations and liabilities indefinitely. 14. Exclusion of Warranties 14.1 Nothing in the Terms shall affect any statutory rights which you are always entitled to as a consumer and that you cannot contractually agree to alter or waive. 14.2 The Services are provided "as is" and YouTube makes no warranty or representation to you with respect to them. 14.3 In particular YouTube does not represent or warrant to you that: your use of the Services will meet your requirements, your use of the Services will be uninterrupted, timely, secure or free from error, any information obtained by you as a result of your use of the Services will be accurate or reliable, and that defects in the operation or functionality of any software provided to you as part of the Services will be corrected. 14.4 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Services except to the extent that they are expressly set out in the Terms. 15. Limitation of Liability 15.1 Nothing in these Terms shall exclude or limit YouTube's liability for losses which may not be lawfully excluded or limited by applicable law. 15.2 Subject to the overall provision in paragraph 15.1 above YouTube shall not be liable to you for: 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; any loss or damage which may be incurred by you as a result of: 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; any changes which YouTube may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services); the deletion of, corruption of, or failure to store, any User Submissions and other communications data maintained or transmitted by or through your use of the Services; your failure to provide YouTube with accurate account information; your failure to keep your password or YouTube account details secure and confidential. 15.3 The limitations on YouTube's liability to you in paragraph 15.2 above shall apply whether or not YouTube has been advised of or should have been aware of the possibility of any such losses arising. 16. General legal terms 16.1 The Terms constitute the whole legal agreement between you and YouTube and govern your use of the Services and completely replace any prior agreements between you and YouTube in relation to the Services. 16.2 You agree that YouTube may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the YouTube website. 16.3 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. 16.4 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. 16.5 You acknowledge and agree that each member of the group of companies of which YouTube is a part 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 a third party beneficiary of the Terms. 16.6 The Terms, and your relationship with YouTube under the Terms, shall be governed by English law. You and YouTube 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 YouTube shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.
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