Last Updated: May 1, 2009
Welcome to the Google Earth Community! Before you begin using the Google Earth Community (the "Service" or the "Google Earth Community"), you must read and agree to these Google Earth Community Terms of Service ("Terms"), including any future amendments (collectively, the "Agreement").
1. Your relationship with Google
Your use of Google’s products, software, services and web sites (referred to collectively as the "Google Services" in this document and excluding any services provided to you by Google under a separate written agreement) is subject to the terms of a legal agreement between you and Google. "Google" means Google Inc., whose principal place of business is at 1600 Amphitheatre Parkway, Mountain View, California 94043, United States of America.
2. Description of Service
The Google Earth Community is a place for people to gather and share content associated with geographic locations. Specifically, the Service enables users to upload files in Keyhole Markup Language ("KML"), a type of file that can be viewed in Google Maps and Earth. Users can then discuss these files on the Service. Content for the Google Earth Community is stored by Google and made searchable and browsable on the Web and in Google Maps and Earth.
3. Accepting the Terms
3.1 In order to use the Service, you must first agree to the Terms. You may not use the Service if you do not accept the Terms.
3.2 You can accept the Terms by:
(a) clicking to accept or agree to the Terms, where this option is made available to you by Google in the user interface for the Service; or
(b) by actually using the Service. In this case, you understand and agree that Google will treat your use of the Service as acceptance of the Terms from that point onwards.
3.3 You may not use the Service and may not accept the Terms if (a) you are not of legal age to form a binding contract with Google, or (b) you are a person barred from receiving the Service under the laws of the United States or other countries including the country in which you are resident or from which you use the Service.
3.4 Before you continue, you should print off or save a local copy of the Terms for your records.
4. Language of the Terms
4.1 Where Google has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Google.
4.2 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 will take precedence.
5. Changes to the Terms
5.1 Google may make changes to the Terms from time to time. When these changes are made, Google will make a new copy of the Terms available at http://earth.google.com/support/bin/answer.py?answer=151549 or from within, or through, the Service.
5.2 You understand and agree that if you use the Service after the date on which the Terms have changed, Google will treat your use as acceptance of the updated Terms.
6. Provision of the Service by Google
6.1 Google has subsidiaries and affiliated legal entities around the world ("Subsidiaries and Affiliates"). Sometimes, these companies will be providing the Service to you on behalf of Google itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Service to you.
6.2 Google is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Service that Google provides may change from time to time without prior notice to you.
6.3 As part of this continuing innovation, you acknowledge and agree that Google may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at Google’s sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform Google when you stop using the Service.
6.4 You acknowledge and agree that if Google disables access to your account, you may be prevented from accessing the Service, your account details or any files or other content contained in your account.
6.5 You acknowledge and agree that while Google may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Service or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by Google at any time, at Google’s discretion.
7. Use of the Service by you
7.1 In order to access certain Google Services (including but not limited to the Service), you may be required to register for a Google account and to provide information about yourself (such as identification or contact details) as part of the registration process for, or as part of your continued use of, the Google Services. You agree that any registration information you give to Google will always be accurate, correct and up to date.
7.2 You agree to use the Service only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
7.3 You agree not to access (or attempt to access) the Service by any means other than through the interface that is provided by Google, unless you have been specifically allowed to do so in a separate agreement with Google. You specifically agree not to access (or attempt to access) the Service through any automated means (including use of scripts or web crawlers) and will ensure that you comply with the instructions set out in any robots.txt file present on the Service.
7.4 You agree that you will not engage in any activity that interferes with or disrupts the Service (or the servers and networks connected to the Service).
7.5 Unless you have been specifically permitted to do so in a separate agreement with Google, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Service for any purpose.
7.6 You agree that you are solely responsible for (and that Google has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage that Google may suffer) of any such breach.
8. Your passwords and account security
8.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Service.
8.2 Accordingly, you agree that you will be solely responsible to Google for all activities that occur under your account.
8.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify Google immediately at http://www.google.com/support/accounts/bin/answer.py?answer=58585.
9. Privacy and your personal information
9.1 For information about Google’s data protection practices, please read Google’s privacy policy at http://www.google.com/privacy.html. This policy explains how Google treats your personal information, and protects your privacy, when you use the Service.
9.2 You agree to the use of your data in accordance with Google’s privacy policies.
10. Appropriate Conduct
10.1 You agree that you are responsible for your own conduct and communications while using the Service and for any consequences thereof. You agree to use the Service only to send and receive Posts and Content (as those terms are defined below) that are legal, proper and related to the Service. By way of example, and not as a limitation, you agree that when using the Service, you will not:
(a) Post any irrelevant Content, including but not limited to content that is unrelated to the features of Google Earth and Maps;
(b) Post any inappropriate Content, as determined by Google in its sole discretion;
(c) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
(d) upload, post, email, transmit or otherwise make available any defamatory, obscene, or unlawful Content;
(e) upload, post, transmit or otherwise make available any Content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of the rights, or have the permission of the owner or other legal justification to use such Content;
(f) upload, post, email, transmit or otherwise make available messages that promote pyramid schemes, chain letters, or disruptive commercial messages or advertisements;
(g) upload, post, email, transmit or otherwise make available any other content, message, or communication prohibited by applicable law, the Terms or any applicable Google policies or guidelines;
(h) download any file posted by another that you know, or reasonably should know, cannot be legally distributed in such manner;
(i) impersonate another person or entity, or falsify or delete any author attributions or proprietary designations or labels of the origin or source of Content, software or other material;
(j) restrict or inhibit any other user from using and enjoying the Service or any other Google Services;
(k) interfere with or disrupt Google Services or servers or networks connected to Google Services, or disobey any requirements, procedures, policies or regulations of networks connected to Google Services;
(l) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Google Services or Content, or collect information about users for any unauthorized purpose;
(m) submit Content that falsely expresses or implies that such Content is sponsored or endorsed by Google;
(n) create user accounts by automated means or under false or fraudulent pretenses;
(o) promote or provide instructional information about illegal activities;
(p) promote physical harm or injury against any group or individual; or
(q) transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
10.2 While Google prohibits such conduct and Content in connection with the Service, you understand and agree that you nonetheless may be exposed to such conduct and/or Content and that you use the Service at your own risk.
11. Monitoring; Investigation
11.1 No Active Monitoring. Much of the content of the Service (including the contents of specific postings) is provided by and is the responsibility of the person or people who made such postings. Google does not actively monitor the content of the Google Earth Community, and takes no responsibility for such content. Instead, Google merely provides access to such content as a service to you.
11.2 Moderation. Notwithstanding Section 11.1, Google may permit certain users to have limited moderation privileges over the Service. It is within Google's sole discretion to grant users moderation privileges. When exercising such moderation privileges, users are acting in their individual capacities and are not acting as the agents or representatives of Google and in no instance is Google responsible for the activities of these users. Participants in the Google Earth Community only have moderation privileges when logged into an account with such privileges. Such individuals may not perform moderation functions when using other accounts.
11.3 Investigations. Notwithstanding Section 11.1, Google reserves the right, but will have no obligation, to investigate your use of the Service in order to (a) determine whether a violation of the Agreement has occurred or (b) comply with any applicable law, regulation, legal process or governmental request.
12. Content in the Service
12.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) that you may have access to as part of, or through your use of, the Service are the sole responsibility of the person from which such content originated. All such information is referred to in this Agreement as the "Content".
12.2 You should be aware that Content presented to you as part of the Service, including but not limited to advertisements in the Service and sponsored Content within the Service may be protected by intellectual property rights owned by the users, licensors, sponsors or advertisers who provide that Content to Google (or by other persons or companies on their behalf). You must not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Google or by the owners of that Content, in a separate agreement.
12.3 Google reserves the right (but has no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Google Services (including but not limited to the Service) for any reason, without notice.
12.4 You understand that by using the Service you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Service at your own risk.
12.5 You agree that you are solely responsible for (and that Google has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Service and for the consequences of your actions (including any loss or damage that Google may suffer) by doing so.
13. Posting Content
13.1 Responsibility for Posting Content. You understand that all data, text, information, links and other content are the sole responsibility of the person from whom such Content originated. This means that you, and not Google, are entirely responsible for all Content that you publish, post, upload, distribute, disseminate or otherwise transmit (collectively, "Post") through the Service.
13.2 Posters Must Mark Mature Content. If you create a Post on the Google Earth Community containing Content that is disturbing, not suitable for all users, or that depicts graphic violence or acts or items of a sexual nature, you agree to mark the Content as such, both in the title and at the beginning of a Post. Without in any way limiting Google’s rights under Section 12.3, if your Post contains Content of an adult or inappropriate nature and/or you do not mark the Post appropriately, Google or the Google Earth Community moderators may remove such Post and take further action to prevent future inappropriate Posts by you.
14. Proprietary rights
14.1 You acknowledge and agree that Google (or Google’s licensors) own all legal right, title and interest in and to the Service, including any intellectual property rights that subsist in the Service (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Service may contain information that is designated confidential by Google and that you will not disclose such information without Google’s prior written consent.
14.2 Unless you have agreed otherwise in writing with Google, nothing in the Terms gives you a right to use any of Google’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
14.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with Google, then you agree that your use of such features will comply with that agreement, any applicable provisions of the Terms, and Google's brand feature use guidelines as updated from time to time. These guidelines can be viewed online at http://www.google.com/permissions/guidelines.html (or such other URL as Google may provide for this purpose from time to time).
14.4 Other than the limited licenses set forth in Section 18, Google acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Service, including any intellectual property rights that subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Google, you agree that you are responsible for protecting and enforcing those rights and that Google has no obligation to do so on your behalf.
14.5 You agree that you will not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) that may be affixed to or contained within the Service.
14.6 Unless you have been expressly authorized to do so in writing by Google, you agree that in using the Service, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
15. Software License from Google
15.1 Google gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Google as part of the Service (the "Software"). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by Google, in the manner permitted by the Terms.
15.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Google, in writing.
15.3 Unless Google has given you specific written permission to do so, you must not assign (or grant a sublicense of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
16. Software updates
The Software that you use may automatically download and install updates from time to time from Google. These updates are designed to improve, enhance and further develop the Service and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Google to deliver these to you) as part of your use of the Service.
17. Content License from Google
Google authorizes you to view and download a single copy of the Content solely for your personal, non-commercial use. You must not copy, modify, distribute, sell, rent, lease, loan, create derivative works based on, perform, display, or otherwise use the Content in any way for any public or commercial purpose without Google’s prior written permission.
18. Content license from you
18.1 You retain copyright and any other rights you already hold in Content that you submit, post or display on or through, the Service. By submitting, posting or displaying the Content, you give Google a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to copy, adapt, modify, translate, create derivative works based on, publish, publicly perform, publicly display and distribute any Content that you submit, post or display on or through, the Service. This license is for the sole purpose of enabling Google to display, distribute and promote the Service.
18.2 You agree that this license includes a right for Google to make such Content available to other companies, organizations or individuals with whom Google has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
18.3 You understand that Google, in performing the required technical steps to provide the Service to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license will permit Google to take these actions.
18.4 You confirm and warrant to Google that you have all the rights, power and authority necessary to grant the above license.
19. Copyright and trade mark policies
19.1 It is Google’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers. Details of Google’s policy can be found at http://www.google.com/dmca.html.
19.2 Google operates a trade mark complaints procedure in respect of Google’s advertising business, details of which can be found at http://www.google.com/tm_complaint.html.
20. Advertisements
20.1 Some Google Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Google Services, queries made through the Google Services or other information.
20.2 The manner, mode and extent of advertising by Google on the Google Services are subject to change without specific notice to you.
20.3 In consideration for Google granting you access to and use of the Service, you agree that Google may place such advertising on the Service.
21. Other content
21.1 The Service may include hyperlinks to other web sites or content or resources. Google may have no control over any web sites or resources that are provided by companies or persons other than Google.
21.2 You acknowledge and agree that Google is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
21.3 You acknowledge and agree that Google is not liable for any loss or damage that may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
22. Ending your relationship with Google
22.1 The Terms will continue to apply until terminated by either you or Google as set out below.
22.2 If you want to terminate your legal agreement with Google, you may do so by (a) notifying Google at any time and (b) closing your accounts for all of the Google Services that you use, where Google has made this option available to you. Your notice should be sent, in writing, to Google’s address, which is set out at the beginning of these Terms.
22.3 Google may at any time, terminate its legal agreement with you if:
(a) you have breached any provision of the Terms (or have acted in manner that clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(b) Google is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
(c) the partner with whom Google offered the Service to you has terminated its relationship with Google or ceased to offer the Service to you; or
(d) Google is transitioning to no longer providing the Service to users in the country in which you are resident or from which you use the Service; or
(e) the provision of the Service to you by Google is, in Google’s opinion, no longer commercially viable.
22.4 Nothing in this Section will affect Google’s rights regarding provision of the Service under Section 6 of the Terms.
22.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Google have benefited from, been subject to (or which have accrued over time while the Terms have been in force) or which are expressed to continue indefinitely, will be unaffected by this cessation, and the provisions of Section 26.7 will continue to apply to such rights, obligations and liabilities indefinitely.
23. EXCLUSION OF WARRANTIES
23.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 23 AND 24, WILL EXCLUDE OR LIMIT GOOGLE’S WARRANTY OR LIABILITY FOR LOSSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
23.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE".
23.3 IN PARTICULAR, GOOGLE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS;
(B) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND
(D) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED.
23.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
23.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GOOGLE OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
23.6 GOOGLE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
24. Hold Harmless and Indemnity
24.1 You hereby agree to indemnify, defend and hold Google, its strategic partners, officers, directors, agents, affiliates, licensors and their suppliers (the "Indemnified Parties") harmless from and against any claim or liability arising out of your use of the Service.
24.2 You will cooperate as fully as reasonably required in the defense of any claim.
24.3 Google reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
24.4 You acknowledge that damages for improper use of the Service may be irreparable; therefore, Google is entitled to seek equitable relief, including but not limited to preliminary injunction and injunction, in addition to all other remedies.
25. LIMITATION OF LIABILITY
25.1 SUBJECT TO SECTION 23.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT GOOGLE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS WILL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE THAT MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICE;
(II) ANY CHANGES THAT GOOGLE MAY MAKE TO THE SERVICE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICE (OR ANY FEATURES WITHIN THE SERVICE);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICE;
(IV) YOUR FAILURE TO PROVIDE GOOGLE WITH ACCURATE ACCOUNT INFORMATION;
(V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
(VI) ANY RELIANCE BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF SUCH CONTENT, FOR 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 THROUGH THE SERVICE.
25.2 THE LIMITATIONS ON GOOGLE’S LIABILITY TO YOU IN PARAGRAPH 15.1 ABOVE WILL APPLY WHETHER OR NOT GOOGLE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
26. General Legal Terms
26.1 Sometimes when you use the Service, you may (as a result of, or through your use of the Service) use a service or download a piece of software, or purchase goods, that are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
26.2 The Terms constitute the whole legal agreement between you and Google and govern your use of the Service (but excluding any services that Google may provide to you under a separate written agreement), and completely replace any prior agreements between you and Google in relation to the Service.
26.3 You agree that Google may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Service.
26.4 You agree that if Google does not exercise or enforce any legal right or remedy contained in the Terms (or that Google has the benefit of under any applicable law), this will not be taken to be a formal waiver of Google’s rights and that those rights or remedies will still be available to Google.
26.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
26.6 You acknowledge and agree that each member of the group of companies of which Google is the parent will be third party beneficiaries to the Terms and that such other companies will be entitled to directly enforce, and rely upon, any provision of the Terms that confers a benefit on (or rights in favor of) them. Other than this, no other person or company will be third party beneficiaries to the Terms.
26.7 The Terms, and your relationship with Google under the Terms, will be governed by the laws of the State of California without regard to its conflict of laws provisions. You and Google agree to submit to the exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Google will still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
